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january 2020

Supreme Court of India · 2020-01-10

NANDKISHORE SHRAVAN AHIRRAO vs KOSAN INDUSTRIES (P) LTD.

Citation / case number
SC 2015/32898
Court
Supreme Court of India
Petitioner
NANDKISHORE SHRAVAN AHIRRAO
Respondent
KOSAN INDUSTRIES (P) LTD.
Author
Dr Dhananjaya Y Chandrachud
Bench
HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE THE CHIEF JUSTICE

Judgment text excerpt

The Supreme Court held that the Labour Court's award of reinstatement inherently includes continuity of service, as it did not explicitly deny it. The High Court's interpretation that continuity was denied was found to be erroneous. Regarding back wages, the Labour Court's decision to grant 25% back wages was upheld, considering the appellant's employment with another employer during part of the dismissal period. The Court emphasized that reinstatement does not automatically entitle an employee to full back wages if they were gainfully employed elsewhere.

NANDKISHORE SHRAVAN AHIRRAO vs KOSAN INDUSTRIES (P) LTD. · Niyam