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january 2019

Supreme Court of India · 2019-01-02

Management Of The Barara Cooperative ... vs Workman Pratap Singh

Citation / case number
AIR 2019 SUPREME COURT 228
Court
Supreme Court of India
Petitioner
Management Of The Barara Cooperative ...
Respondent
Workman Pratap Singh
Author
Abhay Manohar Sapre
Bench
Indu Malhotra, Abhay Manohar Sapre

Judgment text excerpt

The Supreme Court held that the respondent's claim for re-employment under Section 25(H) of the Industrial Disputes Act, 1947 was not valid as he had previously accepted compensation in lieu of reinstatement, which concluded his right to claim reinstatement. The Court set aside the orders of the High Court that had directed the respondent's reinstatement and restored the Labour Court's award. The judgment emphasizes that acceptance of compensation extinguishes the right to seek re-employment under the ID Act.

Management Of The Barara Cooperative ... vs Workman Pratap Singh · Niyam