Supreme Court of India · 2008-10-03
DIV.MANG., NEW INDIA ASSURANCE CO. LTD. vs A.SANKARALINGAM
- Citation / case number
- SC 2006/60232
- 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 decision that the workman, despite being classified as a part-time employee, was entitled to protection under the Industrial Disputes Act, 1947, specifically Sections 2(s) and 25F. The Court found that the High Court correctly determined that the workman had been wrongfully terminated without following the proper retrenchment procedure. Consequently, the Court affirmed the reinstatement of the workman with full back wages, leaving the issue of regularization to the employer's discretion.