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march 2010

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.

KRISHAN SINGH vs EXEC.ENGINEER, HAR.STATE AGR.MKTG BOARD · Niyam