Supreme Court of India · 2008-03-05
First Flight Couriers Ltd vs Madan Lal
- Court
- Supreme Court of India
- Petitioner
- First Flight Couriers Ltd
- Respondent
- Madan Lal
- Bench
- A.K.Mathur, Altamas Kabir
Judgment text excerpt
The Supreme Court upheld the Labour Court's decision that the respondent was wrongfully terminated in violation of Section 25-F of the Industrial Disputes Act, 1947, and affirmed the order for reinstatement. However, the Court modified the award regarding back wages, ruling that the respondent is entitled to 50% of the back wages from the date of termination until the date of the Award, citing the precedent in U.P. SRTC Ltd. v. Sarada Prasad Misra. The Court emphasized that the burden of proof regarding gainful employment lies with the employee, as established in Kendriya Vidyalaya Sangathan v. S.C. Sharma.