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march 2009

Supreme Court of India · 2009-03-24

National Aviation Co.Of India Ltd vs S.M.K.Khan

Citation / case number
AIR 2009 SUPREME COURT 2637
Court
Supreme Court of India
Petitioner
National Aviation Co.Of India Ltd
Respondent
S.M.K.Khan
Author
R.V.Raveendran
Bench
Markandey Katju, R V Raveendran

Judgment text excerpt

The Supreme Court upheld the decision of the Madras High Court which set aside the order of compulsory retirement of the respondent from Indian Airlines Ltd. under Regulation 12 of the Indian Airlines Employees Service Regulations. The Court found that the respondent's unsatisfactory service record did not justify the drastic measure of compulsory retirement, especially as he had reached the age of superannuation. The Court held that the respondent was entitled to all terminal benefits, including back wages, as he was to be treated as having worked until the age of superannuation.

National Aviation Co.Of India Ltd vs S.M.K.Khan · Niyam