Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law - Termination |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service Law - Termination - Interim order of Tribunal - Challenge to - Bank employee terminated from service - Industrial Tribunal passed interim award directing employer Bank to pay Rs. 30, 0001- per month to the employee till disposal of the case - Interim award challenged - On facts, held: There is no reason to stay the interim award, particularly because of the detailed reasons given in support thereof by the Tribunal - In the interim award itself, the Tribunal secured the interests of employer-bank by ordering that in case the final award went against the employee still the amount paid to her by way of interim award could be adjusted against the retiral benefits which she was entitled to receive - Interim order.Respondent no.2 was employed with appellant-bank and drew a salary of Rs.58,330/- per month. Appellant terminated the services of respondent no.2 after J. purportedly paying her six months' salary as compensation in lieu of notice period as also compensation equivalent to 15 days' salary for each completed year of service amounting to Rs.8,17,071/- Dispute was raised regarding the termination of respondent no.2 which was referred to the Industrial Tribunal. The Tribunal passed interim award directing the appellant-Bank to pay a sum of Rs.30,000/- per month to respondent no.2 regularly till disposal of the case. In appeal to this Court, the appellant challenged the interim award contending that respondent no.2, being an employee earning Rs.58,330/- per month, could not be called a 'workman' within the definition of the term in Industrial Disputes Act, 1947 and that as per the contract of service respondent no.2 was already paid full compensation amounting to almost Rs.9 lakhs which she had accepted without demur and, thus, there was no B justification in passing an interim award directing payment of Rs.30,000/- per month to her. |
Judge | Hon'ble Mr. Justice V.S. Sirpurkar |
Neutral Citation | 2009 INSC 365 |
Petitioner | Hongkong & Shanghai Banking Corp. Ltd. |
Respondent | Government Of India & Anr. |
SCR | [2009] 4 S.C.R. 579 |
Judgement Date | 2009-03-18 |
Case Number | 1718 |
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