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november 2006

Supreme Court of India · 2006-11-10

NATIONAL SMALL INDUSTRIES CORPN.LTD. vs V. LAKSHMINARAYANAN

Citation / case number
SC 2005/13559
Court
Supreme Court of India
Petitioner
NATIONAL SMALL INDUSTRIES CORPN.LTD.
Respondent
V. LAKSHMINARAYANAN
Author
ALTAMAS KABIR
Bench
ALTAMAS KABIR DR.AR. LAKSHMANAN

Judgment text excerpt

The Supreme Court held that under Section 2(s) of the Industrial Disputes Act, 1947, the respondent was classified as a 'workman' and thus entitled to protection under Section 25-F of the same Act, which mandates due procedure for termination. The Court affirmed the Labour Court's decision that the respondent's termination was unlawful due to non-compliance with the procedural requirements, leading to an order for reinstatement with continuity of service and back wages. This judgment clarifies the applicability of the Industrial Disputes Act to apprentices under the Apprentices Act, 1961.

NATIONAL SMALL INDUSTRIES CORPN.LTD. vs V. LAKSHMINARAYANAN · Niyam