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Supreme Court of India 2018-08-27 allowed

Emmanuel Lalith Kumar vs Orthodox Syrian Catholic Educational Society (R)

Bench: 2 — Kurian

In Brief

An educator was terminated in 2007 and remained out of service until 2018. Following mediation, the employer agreed to reinstate him without back-wages. The Supreme Court allowed his appeal and held that while he would not receive wages for the out-of-service period, he should be treated as continuously employed for purposes of calculating annual increments and pay fixation from the original termination date. The management was directed to fix increments within one month and disburse the resulting benefits thereafter. The judgment balanced settlement principles with substantive employment justice.

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Employment Law Wrongful Termination Salary and Compensation Reinstatement Service Conditions Settlement and Mediation Public Law

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