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.