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Supreme Court of India 2023-07-03 allowed

Food Corporation of India Executive Staff Union vs Employer in relation to the Management

Bench: 2 — Krishna Murari, Sanjay Kumar

In Brief

The Supreme Court restored reinstatement and regularization of 21 casual workers retrenched by the Food Corporation of India without notice or compensation. The workers, having completed 240 days' service, were found to have been unlawfully terminated. Though the High Court initially agreed the award directing regularization may have been technically incorrect, it upheld it on grounds of equity. The Supreme Court held that FCI voluntarily implemented the award over 18 years, allowing workers to alter their position. FCI cannot now reverse this after accepting benefits, citing estoppel principles.

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Industrial Disputes Act Labour Law Retrenchment Regularization of Services Estoppel Approbation and Reprobation Contempt of Court Administrative Law

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