State Government can fix wages even for apprentices.
The Southern India Mills' Association, etc. vs. The State of Tamil Nadu & Ors. 2010 Lab IC 1250 (Mad. HC)
Tribunal award of reinstatement in favour of apprentice would be illegal.
Kanpur Jal Sansthan vs. Presiding Officer, Industrial Tribunal & Anr. 2010 LLR 1232
An apprentice has no right to an appointment in service.
Amar Singh vs. H.P.S.E.B. 2010 LLR 1252 (HP HC)
Apprentice or trainee is not a workman under ID Act and his termination will not amount to retrenchment. Such termination will be covered by sec. 2(oo) (bb) of ID Act.
Executive Engineer, Haryana State Electricity Board and Anr. vs. Presiding Officer, Labour Court, Gurgaon and Ors. 2010 LLR 55 (Punjab & Haryana HC)
In case of early retirement, workman rightly awarded back wages compensation.
U.P.State Electricity Board and Another vs. Presiding Officer, Labour Court, Varanasi and Another. 2010(124) FLR 611 (All. HC)
Daily - wager not entitled to back wages since he was not engaged to work.
V.R. Bhojegowda vs. State of Karnataka and Ors. 2010 LLR 434 (Karn. HC)
In the absence of any evidence of not gainfully employed, back wages should not be granted by court.
Sri Ananth Awdhani vs. M/s. Sun Pharmaceuticals Industries Ltd. 2010 LLR 607 (Karn. HC)
Denial of back-wages by the Labour Court not justified hence the High Court awarded full back-wages less for the period of 11 months when the workman worked elsewhere.
Burhanuddin Sayyed Ali vs. Rank Controls & Instruments (Pvt.) Ltd. & Anr. 2010 LLR 857 (Bom. HC)
Reinstatement with 20% back wages will be wholly illegal when workman worked only for 145 days. Sec. 25F of ID Act not attracted.
Management, Vellore Co-operative Primary Agricultural and Rural Development Bank Ltd. and Ors. vs. Presiding Officer, Labour Court, Vellore & Ors. 2010 LLR 875 (Mad. HC)
In the absence of proof of non employment, workman will not get back wages.
Management of Coal Mines Area Development Authority, Dhanbad vs. Taj Khan. 2010 LLR 1238 (Jharkhand HC)
Mere statement of workman of unemployment during dispute period is not sufficient to grant full back wages.
Bihar Rajya Pul Nirman Nigam Ltd., Through its Managing Director vs. Presiding Officer, Labour Court, Patna and Anr. 2010 LLR 1242 (Patna HC)
Even in case of violation of S.25-F of the I.D. Act, it is not necessary that the entire back wages be granted.
Management of Tamil Nadu State Transport Corporation & Ors. v. Presiding Officer, Labour Court. LLN (3) 2010 P. 469 (Mad. HC)
A workman who has been ordered to be reinstated in service is entitled to back wages from the date on which he filed his affidavit that he was unemployed.
Management, K.S.B. Pumps Ltd. v. Presiding Officer, Labour Court. FLR (126) 2010 P. 758 (Mad. HC)
