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Supreme Court: Nature of Enquiry Required to Dismiss Employee for Criminal Antecedents Suppression

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Summary

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  • The Supreme Court has ruled that an employee cannot be terminated for suppression of criminal antecedents without clear evidence of knowledge regarding the NCR.
  • In the case of Shatrughn Yadav vs. The Fertilizers and Chemicals Travancore Ltd., the court emphasized that the onus is on the employee to prove lack of awareness.
  • The High Court's dismissal of Yadav's appeal was overturned, with the Supreme Court ordering his reinstatement and limiting back wages to 50%.
  • This ruling sets a significant precedent on how employers must assess claims of non-disclosure in verification forms, emphasizing a nuanced approach rather than mechanical termination.

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