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october 2008

Supreme Court of India · 2008-10-03

Div.Mang., New India Assurance Co. Ltd vs A.Sankaralingam

Citation / case number
AIR 2009 SUPREME COURT 309
Court
Supreme Court of India
Petitioner
Div.Mang., New India Assurance Co. Ltd
Respondent
A.Sankaralingam
Author
Harjit Singh Bedi
Bench
Tarun Chatterjee, Harjit Singh Bedi

Judgment text excerpt

The Supreme Court upheld the Madras High Court's ruling that the termination of the workman was invalid as it violated the retrenchment procedure under Section 25F of the Industrial Disputes Act, 1947. The Court clarified that the definitions under Section 2(s) and Section 2B of the Act encompass part-time employees, thus rejecting the employer's argument that the workman was not entitled to protection under the Act. The Court confirmed the reinstatement of the workman with full back wages, emphasizing that the status of employment should not be limited to full-time definitions.

Div.Mang., New India Assurance Co. Ltd vs A.Sankaralingam · Niyam