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july 2019

Supreme Court of India · 2019-07-31

Dharamraj Nivrutti Kasture vs Chief Executive Officer And Anr.

Citation / case number
AIRONLINE 2019 SC 774
Court
Supreme Court of India
Petitioner
Dharamraj Nivrutti Kasture
Respondent
Chief Executive Officer And Anr.
Author
R. Banumathi
Bench
A.S. Bopanna, R. Banumathi

Judgment text excerpt

The Supreme Court upheld the High Court's decision to deny reinstatement of the appellant, who had been out of employment for over 30 years, citing that his initial appointment was in violation of rules and lacked public participation. The Court noted that the Labour Court had not established any unfair labor practices nor justified the appellant's long-term temporary status. However, the Court enhanced the compensation awarded to the appellant from Rs.50,000 to Rs.1,50,000, recognizing the prolonged period of unemployment and the circumstances of the case under the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971 and the Industrial Disputes Act, 1947.

Dharamraj Nivrutti Kasture vs Chief Executive Officer And Anr. · Niyam