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.