U.P. STATE TEXTILE CORPN. LTD. versus SURESH KUMAR

U.P. STATE TEXTILE CORPN. LTD. versus SURESH KUMAR

As the appointment was for a fixed period of three years, relief could not be granted beyond that term, and the employee is to be deemed in service only up to that period. Payment of back wages is not justified given the employee’s conduct and the employer’s financial status as a defunct organization.

Parties
Appellant: U.P. State Textile Corpn. Ltd.; Respondent: Suresh Kumar
Jurisdiction
India
Judgment Date
02 February 2011
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Upholding Tribunal Order
Outcome
Appeal allowed. Orders of Tribunal and High Court modified.
Legal Topics
Fixed Term Appointment, Termination on Unauthorized Absence, Reinstatement, Back Wages
Service Law Fixed Term Appointment Termination on Unauthorized Absence Reinstatement Back Wages

Case Brief

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Parties

U.P. State Textile Corpn. Ltd.

Appellant

Suresh Kumar

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Upholding Tribunal Order

Legal Issues

  1. 1 Whether relief beyond the fixed tenure period can be granted upon termination of a fixed term employee
  2. 2 Whether direction for back wages following wrongful termination is justified in light of employee conduct and employer's financial status

Ratio Decidendi

As the appointment was for a fixed period of three years, relief could not be granted beyond that term, and the employee is to be deemed in service only up to that period. Payment of back wages is not justified given the employee’s conduct and the employer’s financial status as a defunct organization.

Court Disposition

Appeal allowed. Orders of Tribunal and High Court modified.

Orders

  • Employee deemed in service up to the expiry of three years from date of joining (6th September 1990) and not thereafter.
  • No back wages payable to the respondent.