Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | LABOUR LAW: Full Back wages - Termination |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | LABOUR LAW: Full Back wages - Termination - Tribunal held that termination was in violation of s. 25-F of the ID Act and passed an order of reinstatement, however declined to grant back wages to the appellant-workman except Rs. 20, 000/- as compensation - Single Judge of High Court upheld the decision of Tribunal - On appeal, the Division Bench set o aside the award and in lieu of reinstatement passed an order directing that the amount of Rs. 20,000 be paid by way of compensation - On appeal, held: Court may substitute reinstatement by compensation but the same has to be based on justifiable grounds i.e. where the industry is closed or where the employee has superannuated or going to retire shortly and no period of service is left to his credit or where workman has been rendered incapacitated to discharge the duties and is not fit to be reinstated or when he has lost confidence of the management to discharge duties - In the instant case, the appellant's case did not fall in any of the categories so as to justify compensation in lieu of reinstatement - There was no justification for the Division Bench to interfere with the order of the Tribunal and single judge - The Division Bench of the High Court gravely erred in ignoring the normal rule that ordinarily a workman whose service has been illegally terminated would be entitled to full back wages except to the extent he was gainfully employed during the enforced idleness - Relying upon the view expressed in Deepali Gundu case to the effect that the order of termination affects the entire family of the employee and deprives them of food, education and advancement in life, appellant is reinstated with full back wages since in the absence of full back wages, he will suffer punishment for no fault of his own - Industrial Disputes Act, 1947 - s.25-F |
Judge | N/A |
Neutral Citation | 2014 INSC 59 |
Petitioner | Tapash Kumar Paul |
Respondent | Bsnl & Anr. |
SCR | [2014] 4 S.C.R. 875 |
Judgement Date | 2014-01-28 |
Case Number | 4980 |
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