Supreme Court of India · 2007-12-05
Niranjan Cinema vs Prakash Chandra Dubey & Anr
- Citation / case number
- AIR 2007 SC (SUPP) 1046
- Court
- Supreme Court of India
- Petitioner
- Niranjan Cinema
- Respondent
- Prakash Chandra Dubey & Anr
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, P. Sathasivam
Judgment text excerpt
The Supreme Court upheld the decision of the Allahabad High Court affirming the Industrial Tribunal's award that declared the termination of the respondent's services illegal under Section 4K of the U.P. Industrial Disputes Act, 1947. The Court established that self-employment, such as running a betel shop, does not constitute gainful employment for the purposes of determining illegal termination. The appellant's appeal was dismissed, reinforcing the Tribunal's order for reinstatement with back wages.