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Supreme Court of India 2019-07-11 partly_allowed

Chief Regional Manager, United India Insurance Company Limited vs Siraj Uddin Khan

Bench: 2 — Ashok Bhushan

In Brief

An insurance company employee was transferred without properly joining his new posting and subsequently faced disciplinary proceedings. Following a complex chain of litigation, his termination order was set aside as it was passed after his superannuation date. The High Court directed payment of back wages from 14.05.2009 to 20.06.2012. The Supreme Court partly allowed the appeal, finding that while the employee was entitled to wages for certain periods covered by set-aside disciplinary orders, the direction for wages from 14.05.2009-20.06.2012 was premature. The Court remitted the matter to the employer to reconsider the claim on merits, distinguishing between situations where employees are forcibly restrained from work versus those involving voluntary absence.

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Employment Law Disciplinary Proceedings Back Wages Insurance Administrative Law

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