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Supreme Court of India 2021-09-20 partly_allowed

Ram Manohar Lohia Joint Hospital and Others vs Munna Prasad Saini and Another

Bench: 2 — Sanjiv Khanna

In Brief

Ram Manohar Lohia Hospital, a state-run facility, terminated Munna Prasad Saini, a contractual ward boy employed for about 21 months, without following the mandatory notice and compensation requirements of the Industrial Disputes Act, Section 25F. The Labour Court ordered reinstatement with back wages. The Supreme Court upheld the finding that he was the hospital's employee, not a private security contractor's, but modified the remedy. Since he was contractual, worked beyond 240 days (violating Section 25F), but had no claim to regularisation and no unfair labour practice was proved, the Court awarded Rs. 10 lakhs compensation instead of reinstatement.

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Industrial Law Labour Law Termination of Service Employee Relations Contractual Employment Reinstatement and Compensation

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