Supreme Court of India
Management, Hindustan Machine Tools Ltd v. Ghanshyam Sharma
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What the Court ordered
In view of the foregoing discussion, we allow this appeal in part and while modifying the impugned order and the award of the Labour Court, direct the appellant to pay a sum of Rs. 50,000/- in lump sum to the respondent (employee) by way of compensation in lieu of respondent’s right to claim reinstatement in service.
Judgment, page 4
From the headnote
Industrial Disputes Act, 1947: s. 11A – Termination of services of casual worker, who had worked for just 240 days – Labour Court set aside the termination order holding it as illegal and directed reinstatement of the workman with continuity in service – Single Judge of High Court set aside the award of Labour Court – Division Bench of High Court restored the award of Labour Court – On appeal, held: In view of the facts that the workman was a casual worker and had rendered service for a very short duration and that there was no evidence as to whether he was gainfully employed, order of…
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