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.