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september 2004

Supreme Court of India · 2004-09-06

MUKESH K. TRIPATHI vs SR.DIVN.MANAGER, L.I.C.

Citation / case number
SC 1999/6649
Court
Supreme Court of India
Petitioner
MUKESH K. TRIPATHI
Respondent
SR.DIVN.MANAGER, L.I.C.
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 Appellant'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 the Appellant was not considered a 'workman' under Section 2(s) of the Act during the apprenticeship period. The Court found that the High Court's reliance on the Constitution Bench decision in H.R. Adyanthaya v. Sandoz (India) Ltd. was justified, as it overruled the previous decision in S.K. Verma v. Mahesh Chandra, which had classified Development Officers as workmen. Consequently, the Supreme Court upheld the High Court's order setting aside the Tribunal's award.

MUKESH K. TRIPATHI vs SR.DIVN.MANAGER, L.I.C. · Niyam