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july 2006

Supreme Court of India · 2006-07-17

MANAGER (NOW REGIONAL DIRECTOR) R.B.I. vs GOPINATH SHARMA

Citation / case number
SC 2003/21848
Court
Supreme Court of India
Petitioner
MANAGER (NOW REGIONAL DIRECTOR) R.B.I.
Respondent
GOPINATH SHARMA
Author
AR. Lakshmanan
Bench
LOKESHWAR SINGH PANTA DR. AR. LAKSHMANAN

Judgment text excerpt

The Supreme Court addressed the appeal by the Reserve Bank of India against the High Court's order reinstating the respondent with back wages. The Court examined whether the High Court was justified in reviewing the Labour Tribunal's findings under Article 226 of the Constitution and held that such interference was not warranted without a challenge on grounds of perversity. The Court further clarified that reinstatement cannot be ordered for a casual worker without establishing a right to the post, particularly when the respondent had only worked for 58 days, thus setting aside the High Court's order.

MANAGER (NOW REGIONAL DIRECTOR) R.B.I. vs GOPINATH SHARMA · Niyam