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september 2007

Supreme Court of India · 2007-09-28

U.B. Gadhe & Ors. Etc.Etc vs G.M., Gujarat Ambuja Cement Pvt. Ltd

Citation / case number
AIR 2008 SUPREME COURT 99
Court
Supreme Court of India
Petitioner
U.B. Gadhe & Ors. Etc.Etc
Respondent
G.M., Gujarat Ambuja Cement Pvt. Ltd
Author
Arijit Pasayat
Bench
Arijit Pasayat, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court upheld the Labour Court's award dated 31.12.2004, which reinstated eight dismissed workmen without back wages, affirming the employer's right to take disciplinary action during a strike under the Industrial Disputes Act, 1947. The Court clarified that reinstatement does not automatically entail back wages, especially when the dismissal was justified. The judgment emphasized the need for a fair hearing and the importance of evidence in labor disputes, ultimately dismissing the appeal of the workmen seeking back wages.

U.B. Gadhe & Ors. Etc.Etc vs G.M., Gujarat Ambuja Cement Pvt. Ltd · Niyam