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february 2011

Supreme Court of India · 2011-02-02

U.P.State Textile Corp.Ltd vs Suresh Kumar

Citation / case number
AIR 2011 SUPREME COURT 3296
Court
Supreme Court of India
Petitioner
U.P.State Textile Corp.Ltd
Respondent
Suresh Kumar
Bench
Chandramauli Kr. Prasad, Harjit Singh Bedi

Judgment text excerpt

The Supreme Court held that the order of reinstatement granted by the Tribunal and upheld by the High Court was unsustainable as the respondent's appointment was for a fixed term ending on 6th September 1990, thus limiting any relief to that date. The Court clarified that the reference to unauthorized absence was not stigmatic and emphasized that the discretion to grant back wages should consider the employee's conduct and the employer's financial status. Consequently, the appeal was allowed, modifying the orders to reflect that the respondent would be deemed in service only until 6th September 1990, with no back wages awarded.

U.P.State Textile Corp.Ltd vs Suresh Kumar · Niyam