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october 2018

Supreme Court of India · 2018-10-30

MANAGEMENT HINDUSTAN MACHINE TOOLS LTD. vs GHANSHYAM SHARMA

Citation / case number
SC 2008/10255
Court
Supreme Court of India
Petitioner
MANAGEMENT HINDUSTAN MACHINE TOOLS LTD.
Respondent
GHANSHYAM SHARMA
Author
HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
Bench
HON'BLE MS. JUSTICE INDU MALHOTRA HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE

Judgment text excerpt

The Supreme Court held that the Division Bench of the High Court was justified in restoring the Labour Court's award, which had declared the termination of the respondent's services as illegal under Section 10 of the Industrial Disputes Act. However, the Court modified the award, stating that given the respondent's short tenure as a casual worker and the long period since termination, the Labour Court should have awarded monetary compensation instead of reinstatement. The Court emphasized the application of Section 11-A of the Act, allowing for compensation in lieu of reinstatement in such cases.

MANAGEMENT HINDUSTAN MACHINE TOOLS LTD. vs GHANSHYAM SHARMA · Niyam