Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Payment of back wages Service law Termination of service |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service law: Termination of service – Payment of back wages – On facts, enquiry conducted against appellant-headmaster for alleged misappropriation of funds and appellant found not guilty – However, second enquiry conducted, despite appellant’s objection and appellant found guilty and terminated from services – In writ petition, the High Court set aside the termination order, however held that since the appellant had attained superannuation, he would not be paid back wages for the period he did not render services – On appeal, held: If the employer wants to deny back wages to the employee or contest his entitlement to get consequential benefits, then it is for him/her to specifically plead and prove that during the intervening period the employee was gainfully employed and was getting the same emoluments – Denial of back wages to an employee, who has suffered due to an illegal act of the employer would amount to indirectly punishing the employee concerned and rewarding the employer by relieving him of the obligation to pay back wages including the emolument – Thus, the High Court was not justified in denying the back-wages to the appellant – Appellant be paid Rs 5 lakhs in full and final settlement of his claim for back-wages. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2019 INSC 934 |
Petitioner | Jayantibhai Raojibhai Patel |
Respondent | Municipal Council, Narkhed & Ors. |
SCR | [2019] 11 S.C.R. 483 |
Judgement Date | 2019-08-21 |
Case Number | 6188 |
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