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M/s Haryana Suraj Maltings Ltd. v. Narender Kumar

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 10149 of 2010)Decided 24 Feb 2016
Civil Appeal No. 10149 of 2010
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

The respondent-workman Narender Kumar had been terminated by his employer, Haryana Suraj Maltings Ltd. The High Court found that the materials on record showed the workman had completed 240 days of work in a year (a threshold relevant to protection against termination under labour law), held the termination illegal, and ordered his reinstatement with 50% back wages rather than remanding the matter back to the Labour Court for fresh consideration. The employer-company appealed to the Supreme Court, arguing the High Court should have remanded the matter to the Labour Court instead of deciding the 240-days finding itself.

Decision Breakdown

The Supreme Court acknowledged the employer's remand argument was "ex-facie attractive" but declined to accept it on the facts of this case. Noting that the High Court had only granted reinstatement with 50% back wages (not full back wages) after finding the termination illegal, the Court found no illegality in the High Court's approach and saw no reason to send the matter back to the Labour Court. The civil appeal was accordingly dismissed, with no order as to costs.

Lesson Learnt

An appellate court is not obliged to remand a labour dispute back to the Labour Court merely because a factual question (like days worked) was involved, especially where the relief granted (e.g., reduced back wages) already reflects a balanced, moderate outcome.

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

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