Supreme Court of India · 2010-08-31
Incharge Officer And Anr vs Shankar Shetty
- Citation / case number
- AIRONLINE 2010 SC 319
- Court
- Supreme Court of India
- Petitioner
- Incharge Officer And Anr
- Respondent
- Shankar Shetty
- Author
- R.M. Lodha
- Bench
- R.M. Lodha, Aftab Alam
Judgment text excerpt
The Supreme Court held that reinstatement is not an automatic remedy for termination in violation of Section 25F of the Industrial Disputes Act, 1947. The Court established that while illegal termination may warrant setting aside the retrenchment, the relief of reinstatement with back wages is not guaranteed and may be inappropriate based on the specific circumstances of the case. The judgment affirmed the principle that compensation may be a more suitable remedy, particularly for daily wagers, as demonstrated in the cases cited, including Jagbir Singh v. Haryana State Agriculture Marketing Board.