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march 2008

Supreme Court of India · 2008-03-31

Director, Horticulture Punjab & Ors vs Jagjivan Parshad

Citation / case number
AIR 2008 SC (SUPP) 327
Court
Supreme Court of India
Petitioner
Director, Horticulture Punjab & Ors
Respondent
Jagjivan Parshad
Author
Arijit Pasayat
Bench
Arijit Pasayat, P. Sathasivam, Aftab Alam

Judgment text excerpt

The Supreme Court held that the Punjab and Haryana High Court's dismissal of the writ petition challenging the Labour Court's Award was unsustainable due to the lack of reasoning in its judgment. The Court emphasized the necessity of providing reasons in judicial decisions, particularly when disputed issues are involved, as per the principles established in Breen v. Amalgamated Engg. Union. The Court set aside the High Court's order and directed it to reconsider the matter with proper reasoning, thereby upholding the Labour Court's finding that the respondent had worked for more than 240 days, entitling him to reinstatement and back wages under Section 10(1)(C) of the Industrial Disputes Act, 1947.

Director, Horticulture Punjab & Ors vs Jagjivan Parshad · Niyam