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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
SC 2006/6834
Court
Supreme Court of India
Petitioner
NEW INDIA ASSURANCE CO. LTD.
Respondent
VIPIN BEHARI LAL SRIVASTAVA
Author
ARIJIT PASAYAT
Bench
S.H. KAPADIA DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court upheld the decision of the Central Government Industrial Tribunal which set aside the removal of the respondent from service under the New India Assurance Company Limited, finding that the respondent's absence was justified due to illness (Tuberculosis) and that the management had not acted on his leave applications. The Court noted that the High Court correctly implied that the absence was condoned due to a letter from the management calling the respondent back to work. However, the Court limited the entitlement to back wages from the date of the award (28.1.1998) due to a stay order that delayed proceedings for six years.

NEW INDIA ASSURANCE CO. LTD. vs VIPIN BEHARI LAL SRIVASTAVA · Niyam