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march 2008

Supreme Court of India · 2008-03-05

M/S. FIRST FLIGHT COURIERS LTD. vs MADAN LAL

Citation / case number
SC 2006/3473
Court
Supreme Court of India
Petitioner
M/S. 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's termination violated Section 25-F of the Industrial Disputes Act, 1947, and granted reinstatement. However, the Court modified the award regarding back wages, ruling that the respondent is entitled to 50% of back wages from the date of termination until the date of the Award, citing the precedent in Kendriya Vidyalaya Sangathan v. S.C. Sharma. The Court emphasized that the burden is on the employee to prove lack of gainful employment to claim full back wages.

M/S. FIRST FLIGHT COURIERS LTD. vs MADAN LAL · Niyam