VidhiSangh

Supreme Court of India · 16/04/2018

MOHD. ALI versus STATE OF H.P. AND OTHERS

[2018] 6 S.C.R. 727 · 2018 INSC 346

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court rejected the contention that completing 240 days in any earlier calendar year permanently entitled the workman to section 25F protection. For the section 25B(2)(a) deeming provision invoked, service had to be assessed in the twelve months immediately preceding the relevant termination date. On the accepted service record the requisite period was not established. The High Court’s setting aside of reinstatement was upheld; the judgment did not hold that 240 days is necessary even where uninterrupted continuous service under section 25B(1) is otherwise proved.

Issues

  1. Whether 240 days worked in earlier years sufficed for the deeming provision at the disputed termination.
  2. How the relevant twelve-month period was determined.
  3. Whether section 25B(1) and (2) were interchangeable.

Provisions considered

Held

Result

Workman’s appeal dismissed; High Court decision setting aside the reinstatement award sustained. Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2018] 6 S.C.R. 727.