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Supreme Court of India 2019-07-30 partly_allowed

Bench: 2 — Uday Umesh Lalit, Vineet Saran

In Brief

Anjana Mittal was appointed as a temporary Assistant Grade-III at Oil and Natural Gas Corporation in 1983 and promoted in 1990, but was terminated in 1994 after extended absences (1968 days over seven years). The Labour Court found her termination illegal and awarded reinstatement with full back wages, but the High Court reduced this to 30% back wages. The Supreme Court held that a person employed for over 11 years cannot be treated as temporary and terminated without due inquiry. However, given her severe absenteeism pattern, the Court awarded only 10% back wages plus reinstatement (without obligation to work), with salary in lieu until retirement in May 2020.

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Labour Law Employment Termination of Services Industrial Disputes Constitutional Law

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