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Supreme Court of India 2018-04-16 dismissed

Mohd. Ali vs State of H.P. and Others

Bench: 2 — R.K. Agrawal

In Brief

Mohd. Ali, a casual labourer at an agricultural seed farm, worked intermittently from 1980 to 1991 and then abandoned his work without notice. Over 12 years later, he sought reinstatement under the Industrial Disputes Act. The Industrial Tribunal awarded reinstatement with continuity but no back wages. The High Court set aside this Award. The Supreme Court dismissed his appeal, holding that Section 25B(2) of the Act requires 240 days of work in the 12 calendar months immediately preceding dismissal. Since the appellant worked only 195 days in 1990 and 19.5 days in 1991, he fell short of this threshold and was ineligible for the protections under Section 25F, including reinstatement.

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Industrial Law Labour Law Retrenchment Continuous Service Industrial Disputes Act

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