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january 2013

Supreme Court of India · 2013-01-31

ASST.ENGINEER,RAJASTHAN DEV.CORP. vs GITAM SINGH

Citation / case number
SC 2008/37729
Court
Supreme Court of India
Petitioner
ASST.ENGINEER,RAJASTHAN DEV.CORP.
Respondent
GITAM SINGH
Author
R.M. LODHA
Bench
SUDHANSU JYOTI MUKHOPADHAYA R.M. LODHA

Judgment text excerpt

The Supreme Court held that the termination of a daily wager's service, who worked for 240 days, was in violation of Section 25-F of the Industrial Disputes Act, 1947. The Court affirmed the Labour Court's finding but questioned the appropriateness of reinstatement with continuity of service and 25% back wages, citing precedents that suggest reinstatement is not always warranted in cases of wrongful dismissal. Ultimately, the Court ruled that reinstatement was not justified given the circumstances, and compensation should be considered instead.

ASST.ENGINEER,RAJASTHAN DEV.CORP. vs GITAM SINGH · Niyam