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Supreme Court of India 2022-01-31 partly_allowed

Divisional Controller Maharashtra State Road Transport Corporation vs Kalawati Pandurang Fulzele

Bench: 2 — M.R. Shah

In Brief

The Maharashtra State Road Transport Corporation (MSRTC) appealed against an order reinstating a contractual sweeper, Kalawati Pandurang Fulzele, with back wages. The respondent was appointed on a fixed honorarium of Rs. 500 per month and worked for approximately four years before termination. While the High Court and Labour Court found the termination breached statutory retrenchment procedures (Sections 25-F and 25-G of the Industrial Disputes Act), the Supreme Court held that reinstatement was unsuitable for a purely contractual employee on modest fixed pay. Instead, the Court awarded lump-sum compensation of Rs. 3,00,000 to meet the ends of justice, modifying the lower courts' orders.

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Industrial Law Labour Law Retrenchment Contract Employment Unfair Labour Practices Compensation

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