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october 2007

Supreme Court of India · 2007-10-11

G.M. Tanda Thermal Power Project vs Jai Prakash Srivastava & Anr

Court
Supreme Court of India
Petitioner
G.M. Tanda Thermal Power Project
Respondent
Jai Prakash Srivastava & Anr
Author
S.B. Sinha
Bench
S.B. Sinha, Harjit Singh Bedi

Judgment text excerpt

The Supreme Court held that the termination of Shri Jai Prakash Srivastava's services was unjust and illegal under the Industrial Disputes Act, 1947, as he had worked for more than 240 days without receiving notice pay or retrenchment compensation. The Court affirmed the Labour Court's finding that an employer-employee relationship existed due to the appellant's approval of the appointment and payment of wages. Consequently, the Court upheld the Labour Court's order for reinstatement with back wages.

G.M. Tanda Thermal Power Project vs Jai Prakash Srivastava & Anr · Niyam