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    <title>2022 (8) TMI 1367 - Supreme Court</title>
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    <description>A later writ petition challenging pay fixation and seniority on reinstatement was not barred by res judicata because it arose from a distinct cause of action and was not directly or substantially in issue in the earlier proceedings. On reinstatement after wrongful termination, the employee was entitled to continuity of service, seniority and promotional consideration for the intervening period, even though back wages had been denied. Reinstatement restored prior service status and could not be treated as a fresh appointment for consequential service benefits. The employer&#039;s challenge therefore failed, and the grant of service continuity and related benefits was upheld.</description>
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    <pubDate>Tue, 02 Aug 2022 00:00:00 +0530</pubDate>
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      <title>2022 (8) TMI 1367 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=307608</link>
      <description>A later writ petition challenging pay fixation and seniority on reinstatement was not barred by res judicata because it arose from a distinct cause of action and was not directly or substantially in issue in the earlier proceedings. On reinstatement after wrongful termination, the employee was entitled to continuity of service, seniority and promotional consideration for the intervening period, even though back wages had been denied. Reinstatement restored prior service status and could not be treated as a fresh appointment for consequential service benefits. The employer&#039;s challenge therefore failed, and the grant of service continuity and related benefits was upheld.</description>
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      <pubDate>Tue, 02 Aug 2022 00:00:00 +0530</pubDate>
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