In Brief
The State of Gujarat challenged a Labour Court award that directed reinstatement of a dismissed forest officer with back wages and retiral benefits. The High Court had modified this award to grant retiral benefits on a deemed-continuation-of-service basis, even though the officer had superannuated in 1992, well before the 1995 industrial reference. The Supreme Court held that an industrial reference for reinstatement cannot be made after superannuation and that the Labour Court had improperly reviewed the dismissal as if on appeal. The Court set aside both the Labour Court award and High Court order. However, amounts already received were permitted to be retained in the interest of equity, given the respondent's advanced age."
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