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november 2005

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.

KISHORE CHANDRA SAMAL vs DIV.MANAGER,ORISSA STATE C.DEV.CORPN.LTD · Niyam