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october 2006

Supreme Court of India · 2006-10-19

Union Of India & Ors vs Jummasha Diwan

Citation / case number
2006 AIR SCW 5630
Court
Supreme Court of India
Petitioner
Union Of India & Ors
Respondent
Jummasha Diwan
Author
S.B. Sinha
Bench
S.B. Sinha, Dalveer Bhandari

Judgment text excerpt

The Supreme Court held that the provisions of Section 25-N of the Industrial Disputes Act, 1947 do not apply when a project employee's services are terminated due to the completion of the project, as in this case where the respondent was retrenched after 1060 days of service. The Court emphasized that continuous service cannot be claimed across different establishments of the same employer, and thus the respondent was not entitled to higher seniority or protection under Section 25-N. The Court upheld the Tribunal's decision to set aside the termination order, directing reinstatement of the respondent.

Union Of India & Ors vs Jummasha Diwan · Niyam