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april 2007

Supreme Court of India · 2007-04-10

H.U.D.A. vs OM PAL

Citation / case number
SC 2004/21338
Court
Supreme Court of India
Petitioner
H.U.D.A.
Respondent
OM PAL
Author
MARKANDEY KATJU S.B. SINHA
Bench
MARKANDEY KATJU S.B. SINHA

Judgment text excerpt

The Supreme Court held that the Industrial Tribunal-cum-Labour Court erred in directing reinstatement of the respondent under Section 25F and Section 25B of the Industrial Disputes Act, 1947, as the two Sub-Divisions where the respondent worked were distinct establishments. The Court emphasized that continuity of service cannot be claimed when the employee was appointed separately in different establishments without any transfer. The appeal was allowed, overturning the Tribunal's award for reinstatement and back-wages.

H.U.D.A. vs OM PAL · Niyam