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may 2006

Supreme Court of India · 2006-05-05

MUNICIPAL COUNCIL, SUJANPUR vs SURINDER KUMAR

Citation / case number
SC 2004/15880
Court
Supreme Court of India
Petitioner
MUNICIPAL COUNCIL, SUJANPUR
Respondent
SURINDER KUMAR
Author
P.K. BALASUBRAMANYAN S.B. SINHA
Bench
P.K. BALASUBRAMANYAN S.B. SINHA

Judgment text excerpt

The Supreme Court upheld the Labour Court's award reinstating the respondent, finding that the termination of his services violated Section 25F of the Industrial Disputes Act, which mandates compensation for terminated workmen. The Court noted that the appellant, a statutory body under the Punjab Municipal Act, failed to produce necessary attendance records to substantiate its claims regarding the respondent's employment status. The Court affirmed the Labour Court's conclusion that the respondent was a 'workman' under Section 2(S) of the Act, despite the appellant's argument that he held a supervisory position.

MUNICIPAL COUNCIL, SUJANPUR vs SURINDER KUMAR · Niyam