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Supreme Court of India 2022-08-02 dismissed

CENTRAL BANK OF INDIA & OTHERS vs DRAGENDRA SINGH JADON

Bench: 2 — Indira Banerjee, J.K. Maheshwari

In Brief

The Central Bank of India dismissed an Agricultural Assistant, Dragendra Singh Jadon, in 1982 on the charge of impersonation. A tribunal found the dismissal unjustified but denied back wages because the employee had earned alternative income during the dismissal period. The Supreme Court held that upon a valid finding of wrongful dismissal and an order of reinstatement, the employee must be treated as continuously in service from the date of dismissal, entitling him to seniority and promotion rights—though not back wages. The Court rejected the Bank's argument that it could treat the employee as newly appointed, ruling that employers cannot profit from their own wrongful acts.

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Labour and Industrial Law Employment and Wrongful Dismissal Reinstatement of Employees Seniority and Promotion Rights Res Judicata Civil Procedure

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