Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 10149 OF 2010
M/S HARYANA SURAJ MALTINGS LTD. Appellant(s)
VERSUS
NARENDER KUMAR Respondent(s)
J U D G M E N T
KURIAN, J.
1. Heard the learned counsel appearing for the
parties at some length.
2. The main contention is that the High Court should
have remanded the matter to the Labour Court for
consideration afresh having rendered a finding that
the materials showed that the respondent had worked
for 240 days in a year.
JUDGMENT
3. Though the above submission is ex-facie
attractive, we do not think that in the facts of the
present case, the matter should be remanded to the
Labour Court. What has been ordered by the High
Court is only reinstatement with 50% back wages,
having found that the termination of the respondent-
workman was illegal. We find no illegality in the
approach made by the High Court in the facts and
circumstances of the present case.
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4. The civil appeal is, accordingly dismissed with
no order as to costs.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ ROHINTON FALI NARIMAN ]
New Delhi;
February 24, 2016.
JUDGMENT
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