VidhiSangh

Supreme Court of India · 30/07/2019

ANJANA MITTAL versus OIL AND NATURAL GAS CORPORATION LIMITED

[2019] 10 S.C.R. 353 · 2019 INSC 835

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Summary

Termination of an ONGC employee under the temporary-service provision was held invalid after more than eleven years’ employment, particularly where the absences relied on had been regularised as leave. Reinstatement and consequential benefits were maintained, but back wages were reduced to ten per cent because of prolonged habitual absence and the delay spent pursuing the wrong forum. ONGC could pay salary until superannuation without requiring her to work.

Issues

  1. Whether termination under the temporary-service provision was sustainable after prolonged employment and regularisation of the absences.
  2. What back wages and reinstatement arrangements were appropriate on these facts.

Held

Result

Both appeals disposed of with modification: back wages reduced from 30% to 10%; setting aside termination, reinstatement and other consequential benefits retained. Employer need not take actual work and may instead pay salary from judgment until superannuation in May 2020. No costs.

Judgment PDF: Supreme Court of India, [2019] 10 S.C.R. 353.