Supreme Court of India
The Manager (factory) Maharashtra State Cooperative Marketing Federation Ltd. &anr. v. Suresh S/o Dadarao Gadge
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What the Court ordered
In view of the aforesaid circumstances, in our opinion, it would be just and appropriate not to reinstate the respondent, especially, in view of the fact that (i) the respondent had hardly B worked for a period of about a year and a half on daily wage basis; (ii) his appointment was irregular and; (iii) Parbhani unit of the appellant, where the respondent was employed, has now been closed down.
Judgment, page 3
From the headnote
Labour Law - Termination - Of respondent-peon __ Respondent not given any retrenchment compensation - c Subsequent re-instatement of respondent by Labour"court but without back-wages - Challenge to - Held: Appointment of respondent was irregular - He had hardly worked for about a year and a half on daily wage basis - Unit of appellant, where respondent was employed, had been closed down - Further; responden( did not lead any evidence or file any affidavit before the Labour Court stating that he was unemployed during the period of litigation - In the circumstances, respondent ought not to have
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