Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Back wages Appropriate quantum of Service Law Re-instatement of employees |
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: Back wages-Appropriate quantum of-Re-instatement of employees setting aside order of compulsory retirement-Employees joining back and retiring on attaining age of superannuation-Grant of 50% back wages-Justification of-Held: Grant of sull back wages is no longer natural corollary of re-instatement order-Appropriate quantum of back wages depends on number of factors-Court has to consider pros and cons of each case-On facts, grant of 50% back wages by High Court justified-Also no need to examine order of compulsory retirement on merits. Compulsory retirement-Purpose and object of-Stated. Order of compulsory retirement was passed against number of employees. Tribunal set aside the order and directed their reinstatement with full back wages. State filed writ petitions. High Court dismissed the petitions and permitted the State to take fresh action. Thereafter, order of compulsory retirement was passed but from an earlier date. Tribunal again set aside the order and directed reinstatement with consequential benefits. Aggrieved employees challenged the order and with regard to four employees, High Court found that the orders of compulsory retirement was not justified and directed re-instatement. In the meantime, the employees retired on attaining age of superannuation and High Court granted them 50% back wages. Hence the cross appeals. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2005 INSC 305 |
Petitioner | M.l. Binjolkar |
Respondent | State Of Madhya Pradesh |
SCR | [2005] Supp. (1) S.C.R. 765 |
Judgement Date | 2005-07-21 |
Case Number | 8662 |
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