Supreme Court of India · 2007-12-05
NIRANJAN CINEMA vs PRAKASH CHANDRA DUBEY
- Citation / case number
- SC 2005/14873
- Court
- Supreme Court of India
- Petitioner
- NIRANJAN CINEMA
- Respondent
- PRAKASH CHANDRA DUBEY
- Author
- ARIJIT PASAYAT
- Bench
- P. SATHASIVAM DR. ARIJIT PASAYAT
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 as illegal under Section 4K of the U.P. Industrial Disputes Act, 1947. The Court established that self-employment does not equate to gainful employment, thus supporting the Tribunal's order for reinstatement with back wages. The appeal was dismissed, reinforcing the principle that an employee's right to reinstatement is protected when termination is deemed illegal.