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Supreme Court of India 2018-12-03 dismissed

H.D. Sharma vs Northern India Textile Research Association

Bench: 2 — Abhay Manohar Sapre

In Brief

A textile research association dismissed a worker after an inquiry. The worker claimed the dismissal was invalid because the employer paid only Rs.1103.40 as monthly wages instead of the required Rs.1214.40, creating a shortfall of Rs.110. The Rs.110 represented interim relief paid only once in August 1986, not regularly. The Supreme Court held that the Rs.110 could not be counted as 'wages' because it was a one-time ex gratia payment, not regularly paid under the employment contract. Wages, to be genuine, must be paid regularly pursuant to employment terms. Since the employer paid the full regular monthly wages along with the dismissal order, the legal requirement was satisfied and dismissal was valid.

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Industrial Law Labour Law Dismissal and Discharge Wages and Remuneration Industrial Disputes Act

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