In Brief
A cooperative society operated by ex-military officers terminated 55 drivers following an illegal strike, claiming business closure. The employees sought reinstatement via industrial tribunal. The Tribunal and High Court found the termination was a virtual closure disguised as retrenchment, lacking bona fide intent—evidenced by swift re-employment offers on new terms. The Supreme Court upheld reinstatement with continuity of service and 75% back wages (reduced because eight employees proved gainful employment elsewhere). The employer's burden to prove gainful employment was not met, making reinstatement with substantial back wages the proper remedy for this mala fide termination.",
The lawyer headnote and full judgment text are available to registered users.