Supreme Court of India · 2010-03-12
KRISHAN SINGH vs EXEC.ENGINEER, HAR.STATE AGR.MKTG BOARD
- Citation / case number
- SC 2009/7939
- Court
- Supreme Court of India
- Petitioner
- KRISHAN SINGH
- Respondent
- EXEC.ENGINEER, HAR.STATE AGR.MKTG BOARD
- Author
- A.K. PATNAIK
Judgment text excerpt
The Supreme Court held that the termination of the appellant's services as a daily wager was illegal due to non-compliance with the mandatory provisions of Section 25F of the Industrial Disputes Act, 1947, which requires notice and retrenchment compensation for employees who have worked for more than a year. The Labour Court's award for reinstatement and 50% back wages was upheld, as the High Court's reliance on precedents was found to be misplaced. The Court emphasized that failure to meet the pre-conditions for retrenchment renders the termination void, thereby reinstating the appellant with continuity of service.