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december 2014

Supreme Court of India · 2014-12-03

BHAVNAGAR MUN.CORP.ETC. vs JADEJA GOVUBHA CHHANUBHA

Citation / case number
SC 2012/30194
Court
Supreme Court of India
Petitioner
BHAVNAGAR MUN.CORP.ETC.
Respondent
JADEJA GOVUBHA CHHANUBHA
Author
T.S. THAKUR
Bench
R. BANUMATHI T.S. THAKUR

Judgment text excerpt

The Supreme Court upheld the Labour Court's finding that the respondent had worked as a Conductor from October 3, 1987, to March 31, 1989, rejecting the appellant-Corporation's claim that he had only worked for 58 days. The Court emphasized the applicability of Section 25F of the Industrial Disputes Act, 1947, which mandates compensation for retrenchment, and found the termination illegal. However, the Court agreed with the High Court's decision to set aside the Labour Court's award of 65% back wages due to lack of justification and evidence regarding the respondent's employment status during the intervening period.

BHAVNAGAR MUN.CORP.ETC. vs JADEJA GOVUBHA CHHANUBHA · Niyam