Supreme Court of India · 2019-01-07
STATE OF UTTARAKHAND vs RAJ KUMAR
- Citation / case number
- SC 2017/7628
- Court
- Supreme Court of India
- Petitioner
- STATE OF UTTARAKHAND
- Respondent
- RAJ KUMAR
- Author
- HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
- Bench
- HON'BLE MR. JUSTICE R. SUBHASH REDDY HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
Judgment text excerpt
The Supreme Court modified the High Court's order directing reinstatement of a daily-wage worker under the Uttar Pradesh Industrial Disputes Act, 1947, holding that reinstatement with back wages is not automatic for daily-wage workers. The Court emphasized that the principles established in Bharat Sanchar Nigam Limited vs. Bhurumal (2014) and District Development Officer vs. Satish Kantilal Amerelia (2018) apply, which state that reinstatement should consider the nature of employment and the circumstances of termination. The appeals were allowed in part, modifying the High Court's decision regarding back wages.