VidhiSangh

Supreme Court of India · 13/11/2024

GANAPATI BHIKARAO NAIK versus NUCLEAR POWER CORPORATION OF INDIA LIMITED

[2024] 11 S.C.R. 1628 · 2024 INSC 871

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Summary

The Supreme Court restored a Labour Court award reinstating a worker who had been removed on the charge that he falsely claimed to be a land-loser's son-in-law, holding that the High Court's single judge wrongly overturned the Labour Court's findings of fact on marriage without any compelling reason. Back wages for the period after the High Court set aside the award were denied.

Issues

  1. Whether the appeal against the single judge's judgment should await the pending decision on whether an intra-court writ appeal lies against a single judge's judgment on a Labour Court award.
  2. Whether the appellant had lawfully obtained employment, under a rehabilitation scheme for families of land-losers of the Kaiga Atomic Power Project, as the land-loser's son-in-law.
  3. Whether the High Court in writ jurisdiction was justified in disturbing the Labour Court's factual finding that the appellant had married the land-loser's daughter.

Held

Result

Appeals allowed; the Labour Court award dated 09.08.2012 restored; appellant to be reinstated within four weeks, with no back wages from 16.12.2020 till reinstatement but that period counted for other service benefits; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2024] 11 S.C.R. 1628.