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december 2007

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.

NIRANJAN CINEMA vs PRAKASH CHANDRA DUBEY · Niyam