STATE OF HARYANA versus DILBAGH SINGH

STATE OF HARYANA versus DILBAGH SINGH

Findings of Tribunal and High Court that juniors were retained have not been controverted by management. Breach of Sections 25-G and 25-H thus entitles respondent to reinstatement, but peculiar facts exclude back wages.

Parties
Appellant: State of Haryana; Respondent: Dilbagh Singh
Jurisdiction
India
Judgment Date
18 October 2006
Procedural Posture
Civil Appeal / Final Decision
Outcome
appeal dismissed
Legal Topics
Termination of Services, Reinstatement, Back Wages, Seniority, Industrial Disputes
Labour Law Employment Law Termination of Services Reinstatement Back Wages Seniority Industrial Disputes

Case Brief

Summary, issues, holding and outcome

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Parties

State of Haryana

Appellant

Dilbagh Singh

Respondent

Procedural Posture

Civil Appeal / Final Decision

Legal Issues

  1. 1 Whether termination of workman while retaining juniors violates Sections 25-G and 25-H of Industrial Disputes Act, 1947
  2. 2 Whether reinstatement and back wages are justified in facts of the case

Ratio Decidendi

Findings of Tribunal and High Court that juniors were retained have not been controverted by management. Breach of Sections 25-G and 25-H thus entitles respondent to reinstatement, but peculiar facts exclude back wages.

Court Disposition

appeal dismissed

Orders

  • Respondent to be reinstated.
  • Respondent not entitled to any back wages.