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Bhuvnesh Kumar Dwivedi v. M/s Hindalco Industries Ltd.

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 4883-4884 of 2014)Decided 25 Apr 2014
Civil Appeal Nos. 4883-4884 of 2014
Justice Gyan Sudha Misra · Justice V. Gopala Gowda

Background

A labour supervisor worked for Hindalco for nearly six years through repeated appointments separated by short breaks. After his final termination, the Labour Court ordered reinstatement, back wages and consequential benefits. The High Court replaced that relief with ₹1 lakh compensation, accepting that his employment had ended and that he had not continued in a later substitute-worker position.

Decision Breakdown

The Court allowed his appeals and restored reinstatement with full back wages from termination until reinstatement and other consequential benefits. It held that the High Court had exceeded the limited scope of supervisory review by substituting relief without identifying an adequate legal defect in the Labour Court's award. The Central Act's fixed-term-expiry exception did not displace the applicable Uttar Pradesh framework; additionally, the repeated artificial breaks and unproved project-based justification did not support the employer's defence. Termination without compliance with section 6-N was unlawful, and the prolonged temporary arrangement was an unfair labour practice. Vague assertions that the worker must have obtained other employment did not establish gainful employment sufficient to defeat back wages.

Lesson Learnt

An employer cannot use artificial breaks and repeated temporary appointments to evade the protections that applied to this worker's continuous service. A properly supported Labour Court reinstatement award cannot be replaced with token compensation merely by reassessing the same facts in supervisory review.

Official source (sci.gov.in)View Judgment (PDF)

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