Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Industrial Disputes Act 1947 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Industrial Disputes Act, 1947:ss.2(oo) and 25F – The post held by the employee becameredundant – Offer of four alternate posts by the employer – Refusedby the employee – Severance package also refused by the employee– Thereupon termination of her service – Compensation ofRs.8,17,071/- granted – Industrial dispute raised seekingenhancement of severance package – Conciliation proceedingsfailed – Industrial Tribunal directed the employer to reinstate theemployee with continuity of service and full terminal benefits – Writpetition by employer – During pendency of writ, interim maintenanceu/s.17B granted which was affirmed in appeal – Writ petition ofemployer allowed by Single Judge of High Court directing theemployee to refund the entire amount received by her except thesum of Rs.8,17,071/- – Order of Single Judge upheld by DivisionBench in LPA – Review also dismissed – On appeal, held: Theconduct of employee would constitute voluntary abandonment ofservice – Hence, she could not have been in “continuous service”as defined u/s. 2(oo) – Since she was not in “continuous service”,s. 25F would cease to apply – Employee has already received anamount which is almost double the amount claimed by her – Thereceived amount shall be treated as a final settlement of all herclaims. |
Judge | Hon'ble Ms. Justice Indu Malhotra |
Neutral Citation | 2018 INSC 1141 |
Petitioner | Manju Saxena |
Respondent | Union Of India & Anr. |
SCR | [2018] 14 S.C.R. 993 |
Judgement Date | 2018-12-03 |
Case Number | 11766 |
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