Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service frrnY - Claim of back wages - When not justified - Appellant working as driver with respondent-Corporation was dismissed from the service because of his involvement in a murder case |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service law - Claim of back wages - When not justified - Appellant working as driver with respondent-Corporation was dismissed from the service because of his involvement in a murder case - Conviction by Sessions Court, however, later acquitted by High Court - Appellant was reinstated after the acquittal but was declined back wages for the period in question ~ Writ petition by appellant for grant of back wages, dismissed - Order upheld by ,. Division Bench - On appeal, held: In order to Claim the relief of back wages along with the relief of reinstatement, the employee is required to prove that from the date of his dismissal order till the· date of his rejoining, he was not gainfully employed anywhere - However, in the present case· there was no such evidence. brought on record by the appellant in his writ petition to claim the back wages, ·in full or part, for the period in question - Orders impugned call for no interference - Labour Law - Industrial Disputes Act, 1947 - Proviso to s.17-!1. Service law - Award of back wages - Principle of "No work- No pay" - Change in law - Held: The law on the question of award of back wages has taken some shift - Now, in cases where the dismissal/removal order is set aside/withdrawn by the Courts, directing employee :s reinstatement in service, the employee does not become entitled to claim back wages as of right unless the order of reinstatement itself in-express terms directs payment of back wages and other benefits. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2017 INSC 1035 |
Petitioner | P. Karupaiah (d) Thr |
Respondent | The General Manager Thruuvalluvar Transport Corporation Ltd. |
SCR | [2017] 10 S.C.R. 557 |
Judgement Date | 2017-10-12 |
Case Number | 4160 |
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