GHAZIABAD DEVELOPMENT AUTHORITY & ANR. versus ASHOK KUMAR & ANR.

GHAZIABAD DEVELOPMENT AUTHORITY & ANR. versus ASHOK KUMAR & ANR.

In absence of proof that the employment was under an agreement specifying a termination date, and as respondent worked for more than 240 days in a year, compliance with Section 6-N was obligatory; however, reinstatement is not warranted where there is no sanctioned post and compensation is an appropriate relief.

Parties
Appellant: Ghaziabad Development Authority & Anr.; Respondent: Ashok Kumar & Anr.
Jurisdiction
India
Judgment Date
15 February 2008
Procedural Posture
Civil Appeal / Supreme Court Appellate Judgment
Outcome
Appeal partly allowed
Legal Topics
Termination of Service, Industrial Dispute, Reinstatement, Compensation, Recruitment Procedures, Equality Before Law
Labour Law Constitutional Law Administrative Law Termination of Service Industrial Dispute Reinstatement Compensation Recruitment Procedures +1 more

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Parties

Ghaziabad Development Authority & Anr.

Appellant

Ashok Kumar & Anr.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appellate Judgment

Legal Issues

  1. 1 Whether termination of respondent's service was lawful and in compliance with Section 6-N of the Uttar Pradesh Industrial Disputes Act, 1947
  2. 2 Whether respondent is entitled to reinstatement with back wages or compensation

Ratio Decidendi

In absence of proof that the employment was under an agreement specifying a termination date, and as respondent worked for more than 240 days in a year, compliance with Section 6-N was obligatory; however, reinstatement is not warranted where there is no sanctioned post and compensation is an appropriate relief.

Court Disposition

Appeal partly allowed

Orders

  • Appellant directed to pay Rs.50,000/- compensation to respondent within eight weeks; failing which, interest at 12% per annum applies.
  • No order as to costs.