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march 2010

Supreme Court of India · 2010-03-25

Manager,K.V.S.S.Mandawar & Anr vs Mukesh Kumar Sharma

Court
Supreme Court of India
Petitioner
Manager,K.V.S.S.Mandawar & Anr
Respondent
Mukesh Kumar Sharma
Author
K. S. Radhakrishnan
Bench
K.S. Radhakrishnan, R.V. Raveendran

Judgment text excerpt

The Supreme Court addressed the issue of back wages in the context of reinstatement under the Industrial Disputes Act, 1947, specifically Section 33(C)(2). The Court held that while the Labour Court had ordered full back wages upon reinstatement, it was appropriate to limit the back wages to 50% due to the financial constraints of the appellant Co-operative Society and the uncertainty regarding the respondent's gainful employment during the period of termination. The appeal was partially allowed, directing the appellant to pay the reduced amount within three months.

Manager,K.V.S.S.Mandawar & Anr vs Mukesh Kumar Sharma · Niyam