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Supreme Court of India 2019-09-12 allowed

General Manager, Electrical Rengali Hydro Electric Project, Orissa and Others vs Giridhari Sahu and Others

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

This appeal challenges a Labour Court's confirmation of an award supporting employees who contested a Voluntary Separation Scheme (VSS) for regularization. The employees alleged fraud but provided no substantive evidence of the fraud's nature, mechanism, or perpetrators. The Supreme Court held that employees who voluntarily applied for the VSS with full knowledge and received payments cannot later challenge it without proper proof of fraud. The Court found the Labour Court failed to appreciate that the VSS was floated following court order and Government approval, and that the applicants had benefited from the scheme. The appeal was allowed, setting aside the Labour Court's finding.

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Labour Law Industrial Disputes Employment Civil Procedure Contract

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