Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Labour Laws Termination of service continued absence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Labour Laws: Termination of service – In terms of Regulation 24 of Terms and Conditions of Appointment and Service Regulations, 1975 (Service Regulations of respondent- Corporation) – On the ground of her continued absence – Initially the employee/workman resorted to Writ jurisdiction for challenging the termination order – Petition having been dismissed on the ground of maintainability, raised the dispute before Labour Court – Labour Court held the termination as illegal and directed reinstatement with full back wages – In writ petition, order of the Labour Court was upheld so far as finding on termination order, but instead of full back wages granted back wages only to the extent of 30% – Appeal to Supreme Court – Held: Termination of the employee/workman in terms of Regulation 24, treating her as a temporary employee was not justified in law – The absence having been regularized, the same could not be the ground for termination – However, the facts of the case show that the employee was a habitual absentee – Therefore, ends of justice would be met if the employee is paid 10% of back wages alongwith benefit of reinstatement – Considering her conduct, since the employer would not be obliged to take work from her, therefore, in lieu of reinstatement, she may be paid salary from the present day till the date of her superannuation (i.e. from July 30, 2019 till May 2020). |
Judge | Hon'ble Mr. Justice Vineet Saran |
Neutral Citation | 2019 INSC 835 |
Petitioner | Anjana Mittal |
Respondent | Oil And Natural Gas Corporation Limited |
SCR | [2019] 10 S.C.R. 353 |
Judgement Date | 2019-07-30 |
Case Number | 5937 |
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