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.