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Supreme Court of India 2017-04-03 allowed

Rashtrasant Tukdoji Maharaj Technical Education Sanstha, Nagpur vs Prashant Manikrao Kubitkar

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The appellant, a technical education institution, had terminated the respondent workman after two years and three months of employment in June 1994. The Labour Court found the termination violated Sections 25F and 25G of the Industrial Disputes Act and ordered reinstatement without back wages. The High Court affirmed this. The Supreme Court modified the order, holding that reinstatement is exceptional and compensation is ordinarily the appropriate remedy. Considering the short tenure and the 13-year delay in filing the dispute, the Court awarded Rs. 1,00,000 as compensation in lieu of reinstatement, without back wages, payable within six weeks.

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Labour Law Industrial Disputes Wrongful Termination Reinstatement Compensation Delay

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