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april 2014

Supreme Court of India · 2014-04-25

BHUVNESH KUMAR DWIVEDI vs M/S HINDALCO INDUSTRIES LTD.

Citation / case number
SC 2011/39659
Court
Supreme Court of India
Petitioner
BHUVNESH KUMAR DWIVEDI
Respondent
M/S HINDALCO INDUSTRIES LTD.
Author
V.GOPALA GOWDA
Bench
V. GOPALA GOWDA GYAN SUDHA MISRA

Judgment text excerpt

The Supreme Court held that the termination of the appellant-workman by the respondent-employer violated Section 25B of the Industrial Disputes Act, 1947, as the workman had completed more than 240 days of continuous service. The Court emphasized that the employer's failure to provide retrenchment compensation or notice as required under Section 6N of the U.P. Industrial Disputes Act constituted an illegal termination. The Court set aside the High Court's order and reinstated the Labour Court's award, directing the employer to pay damages of ₹1,00,000 to the workman with interest for delayed payment.

BHUVNESH KUMAR DWIVEDI vs M/S HINDALCO INDUSTRIES LTD. · Niyam