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november 2008

Supreme Court of India · 2008-11-07

Kanpur Electricity Supply Co. Ltd vs Shamim Mirza

Citation / case number
AIR 2009 SUPREME COURT 638
Court
Supreme Court of India
Petitioner
Kanpur Electricity Supply Co. Ltd
Respondent
Shamim Mirza
Author
D.K. Jain
Bench
D.K. Jain, C.K. Thakker

Judgment text excerpt

The Supreme Court upheld the decisions of the Allahabad High Court, affirming the reinstatement of workmen Shamim Mirza and Manoj Srivastava by the Labour Court and Industrial Tribunal under the U.P. Industrial Disputes Act, 1947. The Court found that the termination of the workmen's services violated Sections 6N, 6P, and 6Q of the Act, which protect against unjust dismissal. The Court ruled that the workmen were entitled to reinstatement with full back wages and continuity of service, emphasizing the employer-employee relationship despite the appellant's claims to the contrary.

Kanpur Electricity Supply Co. Ltd vs Shamim Mirza · Niyam