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november 2006

Supreme Court of India · 2006-11-10

Bhogpur Co-Op Sugar Mills Ltd vs Harmesh Kumar

Citation / case number
AIR 2007 SUPREME COURT 288
Court
Supreme Court of India
Petitioner
Bhogpur Co-Op Sugar Mills Ltd
Respondent
Harmesh Kumar
Author
S.B. Sinha
Bench
S.B. Sinha, Markandey Katju

Judgment text excerpt

The Supreme Court held that the termination of a seasonal workman by a cooperative society was unjustified under Section 25-G of the Industrial Disputes Act, 1947, as the employer retained junior employees while not offering reemployment to the respondent. The Court emphasized that the Labour Court had the jurisdiction to determine the legality of the termination and that the appellant's argument regarding the applicability of Section 2(oo)(bb) was not sufficient to negate the findings of the Labour Court. The Court upheld the Labour Court's award for reemployment and back wages.

Bhogpur Co-Op Sugar Mills Ltd vs Harmesh Kumar · Niyam