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february 2008

Supreme Court of India · 2008-02-21

New India Assurance Co. Ltd vs Vipin Behari Lal Srivastava

Citation / case number
AIR 2008 SUPREME COURT 1525
Court
Supreme Court of India
Petitioner
New India Assurance Co. Ltd
Respondent
Vipin Behari Lal Srivastava
Author
Arijit Pasayat
Bench
Arijit Pasayat, S.H. Kapadia

Judgment text excerpt

The Supreme Court upheld the Tribunal's award reinstating the respondent, finding that his absence was not unauthorized due to his medical condition and lack of management response to his leave applications. The Court noted that the High Court's decision to limit back wages to the date of the award was justified due to a stay order on Tribunal proceedings. The Court emphasized that the management's failure to formally deny leave implied approval, thus establishing that the respondent's absence was condoned under the relevant service rules.

New India Assurance Co. Ltd vs Vipin Behari Lal Srivastava · Niyam