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may 2019

Supreme Court of India · 2019-05-10

The Superintending Engineer Twad Board vs M. Natesan And Ors.

Citation / case number
AIRONLINE 2019 SC 259
Court
Supreme Court of India
Petitioner
The Superintending Engineer Twad Board
Respondent
M. Natesan And Ors.
Author
R. Banumathi
Bench
R. Subhash Reddy, R. Banumathi

Judgment text excerpt

The Supreme Court upheld the High Court's decision affirming the Labour Court's award for reinstatement of temporary workers under the NMR scheme, despite the lack of evidence showing continuous employment for 240 days as required under Section 25B of the Industrial Disputes Act, 1947. The Court held that the absence of documentation from both parties regarding the duration of employment did not invalidate the reinstatement order, but modified the back wages to 50% due to the prolonged pendency of the case. The Court emphasized the necessity of proving continuous employment for temporary workers, which was not adequately addressed by the Division Bench.

The Superintending Engineer Twad Board vs M. Natesan And Ors. · Niyam