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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
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.

DIV.MANG., NEW INDIA ASSURANCE CO. LTD. vs A.SANKARALINGAM · Niyam