MIS. BLHAR CAUSTIC & CHEMICALS LTD. versus KRIPA PANDEY

MIS. BLHAR CAUSTIC & CHEMICALS LTD. versus KRIPA PANDEY

Since neither the Labour Court nor the High Court considered the specific stand of the appellant regarding employment status, and the respondent was reinstated and later superannuated, ends of justice are best served by directing payment of only 50% of back wages to him, with adjustment of any prior payments.

Parties
Appellant: M/S. Bihar Caustic & Chemicals Ltd.; Respondent: Kripa Pandey
Jurisdiction
India
Judgment Date
18 January 2008
Procedural Posture
Civil Appeal / Final Decision on Appeal
Outcome
Appeal partly allowed
Legal Topics
Termination of Services, Contract Labour, Reinstatement, Back Wages
Labour Laws Termination of Services Contract Labour Reinstatement Back Wages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

M/S. Bihar Caustic & Chemicals Ltd.

Appellant

Kripa Pandey

Respondent

Procedural Posture

Civil Appeal / Final Decision on Appeal

Legal Issues

  1. 1 Whether the termination of services of Shri Kripa Pandey, Driver by the management is proper and justified
  2. 2 Whether Kripa Pandey is entitled to reinstatement and/or any other relief

Ratio Decidendi

Since neither the Labour Court nor the High Court considered the specific stand of the appellant regarding employment status, and the respondent was reinstated and later superannuated, ends of justice are best served by directing payment of only 50% of back wages to him, with adjustment of any prior payments.

Court Disposition

Appeal partly allowed

Orders

  • Appellant directed to pay 50% of back wages in terms of Labour Court award to respondent within three months.
  • Any payment already made as back wages to be adjusted from amount payable as per this order.