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august 2010

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.

Incharge Officer And Anr vs Shankar Shetty · Niyam