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Supreme Court of India 2022-08-04 partly_allowed

M/s Mitra S.P. (P) Ltd. & Anr vs Dhiren Kumar

Bench: 2 — M.R. Shah, B.V. Nagarathna

In Brief

A workman employed as a Junior Supervisor was transferred from Visakhapatnam to Jharsuguda in 1997 but refused to join. He was subsequently dismissed. The Labour Court reinstated him with conditions. Later, the workman claimed he was prevented from joining the transferred location and sought wages under Section 33(C)(2) of the Industrial Disputes Act. The Single Judge allowed his petition without discussing the merits. The Supreme Court held that the writ appeals were maintainable despite being under Article 227, and remitted the matter to the Single Judge for fresh consideration with specific findings on whether the workman deserved wages for non-joining at the transferred location.

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Industrial Law Labour Law Dismissal Reinstatement Writ Jurisdiction Transfer of Workman

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