VidhiSangh

Supreme Court of India · 10/01/2020

NANDKISHORE SHRAVAN AHIRRAO versus KOSAN INDUSTRIES (P) LTD.

[2020] 1 S.C.R. 90 · 2020 INSC 27

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Summary

The Court restored the Labour Court’s award of 25% back wages and corrected the High Court’s treatment of reinstatement as excluding continuity of service. As the award did not expressly deny continuity, the workman was entitled to notional continuity and consequential computation of retirement dues.

Issues

  1. Whether an award of reinstatement that does not deny continuity carries continuity of service.
  2. Whether the High Court was justified in deleting the limited award of back wages.

Held

Result

Appeals allowed. Reinstatement maintained with notional continuity of service and 25% back wages. Retirement dues and back wages directed to be computed and paid within three months of receipt of a certified copy of the order.

Judgment PDF: Supreme Court of India, [2020] 1 S.C.R. 90.