Supreme Court of India · 2005-11-17
KISHORE CHANDRA SAMAL vs DIV.MANAGER,ORISSA STATE C.DEV.CORPN.LTD
- Citation / case number
- SC 2003/15067
- Court
- Supreme Court of India
- Petitioner
- KISHORE CHANDRA SAMAL
- Respondent
- DIV.MANAGER,ORISSA STATE C.DEV.CORPN.LTD
- Author
- ARIJIT PASAYAT
- Bench
- R.V. RAVEENDRAN ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court held that the termination of the appellant's service was illegal under Section 25-F of the Industrial Disputes Act, 1947, as the appellant had worked continuously for the requisite period without compliance with the statutory requirements for retrenchment. The Court distinguished the case from the High Court's ruling, which upheld the termination based on the fixed-term nature of the appointment. The Court ultimately reinstated the appellant with full back wages, emphasizing the need for adherence to labor laws regarding continuous service.