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september 2004

Supreme Court of India · 2004-09-06

Mukesh K. Tripathi vs Sr. Divn. Manager, L.I.C. & Ors

Citation / case number
AIR 2004 SUPREME COURT 4179
Court
Supreme Court of India
Petitioner
Mukesh K. Tripathi
Respondent
Sr. Divn. Manager, L.I.C. & Ors
Author
S.B. Sinha
Bench
N. Santosh Hegde, S.B. Sinha, A.K. Mathur

Judgment text excerpt

The Supreme Court held that the termination of the Respondent's services as an Apprentice Development Officer by the Life Insurance Corporation of India was not in violation of Section 25F of the Industrial Disputes Act, as he was not considered a 'workman' under Section 2(s) due to the nature of his apprenticeship. The Court distinguished the applicability of the precedent set in S.K. Verma v. Mahesh Chandra, stating it was rendered per incuriam by a later Constitution Bench decision in H.R. Adyanthaya v. Sandoz (India) Ltd. The Court upheld the High Court's decision to set aside the Tribunal's award, affirming the legality of the termination.

Mukesh K. Tripathi vs Sr. Divn. Manager, L.I.C. & Ors · Niyam