MINISTRY OF TEXTILE versus MURARI LAL GUPTA & ANR.

MINISTRY OF TEXTILE versus MURARI LAL GUPTA & ANR.

Direction for reinstatement and back wages is set aside due to closure of scheme and belated filing of writ petition; payment of Rs.50,000 is ordered as full and final settlement.

Source-derived case information.

Parties
Appellant: Ministry of Textile; Respondent: Murari Lal Gupta; Respondent: Anr.
Jurisdiction
India
Judgment Date
07 April 2008
Procedural Posture
Civil Appeal / Appeal From Division Bench of Delhi High Court, From Order Passed in Writ Petition (civil) No. 4662 of 2002 and Lp.a. No. 1082/2004
Outcome
Appeal partly allowed
Legal Topics
Reference of Industrial Dispute, Reinstatement, Back Wages, Jurisdiction of Government in Making Reference
Labour Law Reference of Industrial Dispute Reinstatement Back Wages Jurisdiction of Government in Making Reference

Source-derived case record

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Parties

Ministry of Textile

Appellant

Murari Lal Gupta

Respondent

Anr.

Respondent

Procedural Posture

Civil Appeal / Appeal From Division Bench of Delhi High Court, From Order Passed in Writ Petition (civil) No. 4662 of 2002 and Lp.a. No. 1082/2004

Legal Issues

  1. 1 Whether direction for reinstatement and back wages was justified where the scheme under which employee was appointed was abandoned
  2. 2 Whether High Court was correct in directing reference of dispute to Industrial Tribunal
  3. 3 Whether delay in filing writ petition affects relief

Ratio Decidendi

Direction for reinstatement and back wages is set aside due to closure of scheme and belated filing of writ petition; payment of Rs.50,000 is ordered as full and final settlement.

Court Disposition

Appeal partly allowed

Orders

  • Direction for reinstatement and back wages stands set aside
  • Respondent to be paid Rs.50,000/- in full and final settlement of his claim