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august 2010

Supreme Court of India · 2010-08-31

INCHARGE OFFICER vs SHANKAR SHETTY

Citation / case number
SC 2005/8332
Court
Supreme Court of India
Petitioner
INCHARGE OFFICER
Respondent
SHANKAR SHETTY
Author
R.M. Lodha
Bench
AFTAB ALAM,R.M. LODHA, , ,

Judgment text excerpt

The Supreme Court addressed the issue of whether reinstatement is an automatic remedy for daily wagers terminated in violation of Section 25F of the Industrial Disputes Act, 1947. The Court established that while termination may be illegal, reinstatement with back wages is not guaranteed and may be inappropriate depending on the circumstances. Instead, compensation may be awarded to meet the ends of justice, as seen in the precedent set by Jagbir Singh v. Haryana State Agriculture Marketing Board and others. The Court upheld the principle that the nature of employment, particularly for daily wagers, must be considered when determining relief.

INCHARGE OFFICER vs SHANKAR SHETTY · Niyam