Supreme Court of India · 2009-01-28
Kaivalyadham Employees Association vs Kaivalyadham S.M.Y.M. Samity
- Citation / case number
- AIRONLINE 2009 SC 106
- Court
- Supreme Court of India
- Petitioner
- Kaivalyadham Employees Association
- Respondent
- Kaivalyadham S.M.Y.M. Samity
- Bench
- Cyriac Joseph, Altamas Kabir
Judgment text excerpt
The Supreme Court addressed the appeal against the Bombay High Court's order in Letters Patent Appeal No.200/2006, which modified the Industrial Court's Award directing reinstatement of ten workmen under Section 17B of the Industrial Disputes Act, 1947. The High Court ordered the Samity to pay 70% of the last drawn wages to the workmen instead of full reinstatement, considering the financial constraints of the Samity. The Court upheld the High Court's decision, emphasizing the need to balance the interests of justice and the financial viability of the employer under the provisions of the Industrial Disputes Act.