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.