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september 2008

Supreme Court of India · 2008-09-26

U.P. Stte Electricity Board vs Laxmi Kant Gupta

Citation / case number
AIR 2008 SC (SUPP) 1112
Court
Supreme Court of India
Petitioner
U.P. Stte Electricity Board
Respondent
Laxmi Kant Gupta
Author
Markandey Katju
Bench
Markandey Katju, Altamas Kabir

Judgment text excerpt

The Supreme Court held that the Labour Court's award of reinstatement without back wages was justified under Section 6-N of the U.P. Industrial Disputes Act, 1947, given the respondent's 10-year delay in raising the dispute. The Court established that the relief for illegal termination is discretionary and not automatic, allowing for compensation instead of reinstatement with back wages, as per the evolving jurisprudence noted in U.P. State Brassware Corporation Ltd. & another vs. Uday Narain Pandey and Haryana State Electronics Development Corporation vs. Mamni. The Court set aside the High Court's judgment and the Labour Court's award, emphasizing the need for a contextual approach to relief in termination cases.

U.P. Stte Electricity Board vs Laxmi Kant Gupta · Niyam