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january 2019

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.

STATE OF UTTARAKHAND vs RAJ KUMAR · Niyam