Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Labour Law: Back wages - Award of Labour Court directing reinstatement of workman with 50% back wages |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Labour Law: Back wages - Award of Labour Court directing reinstatement of workman with 50% back wages - State Government filing writ petition challenging the part of the award granting back wages - Single Judge of the High Court setting aside the award in toto and directing compensation to be paid to workman - Order affirmed by Division Bench of High Court - HELD: The order of the Single Judge as well as of the Division Bench was well beyond the scope of the prayers in the writ petition - If the State felt aggrieved by the Award of the Labour Court in toto, there was no impediment in its way to challenge it in its entirety - A party must be held to be bound by its pleadings - A prayer clause cannot be construed or dubbed as a technicality - The orders of the Single Judge as well as the Division Bench of the High Court are set aside and that of the Labour Court is restored to the extent of reinstatement - Since services of the workmen had been December, 2009, the back wages should be payable to him only from January, 2010 onwards till reinstatement as a consequence of the instant order - readings - Relief. |
Judge | N/A |
Neutral Citation | 2011 INSC 4 |
Petitioner | Ranbir Singh |
Respondent | The Executive Engineer |
SCR | [2011] 1 S.C.R. 587 |
Judgement Date | 2011-01-03 |
Case Number | 5 |
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