Allowing 50% back-wages by the
Division Bench of the High Court not proper since the employer was not given an
opportunity for hearing before passing of the order.
T.V.S. Finance and Services Ltd.
vs. H. Shivakumar. 2011 LLR 613 (S.C.)
Working as barber in own saloon,
will amount to gainful employment, hence not entitled to full back wages.
Mahalakshmi Fibres and Industries
Ltd., Kolkata and another vs. Deolal Hazam. 2011 (128) FLR 258. (Jharkhand HC)
Reinstatement without back wages
proper of a driver when his negligence in driving vehicle was negligible.
Tamil Nadu State Transport
Corporation (Kumbakoham) Ltd. Rep. by its General Manager, Trichy vs. Presiding
Officer, Labour Court, Trichy. 2011 LLR 154 (Mad. HC)
In the absence of proof
established by the workman about his unemployment, there will be no justification
for granting back wages.
Dugdh Utpadak Sahkari Sangh Ltd.
vs. Presiding Officer, Labour Court & Others. 2011 LLR 245 (All. HC)
In the absence of establishing
the fact that driver was appointed as daily wager and caused fatal accident,
reinstatement of such driver with back wages would be proper.
Management, State Express
Transport Corporation (Tamil Nadu) Ltd., Chennai vs. Presiding Officer, 1st
Additional Labour Court Chennai and Another. 2011 LLR 281 (Mad. HC)
In the absence of charge sheet
for unauthorised absence, compensation in lieu of reinstatement and back-wages
has been rightly granted.
Delhi Transport Corporation vs.
Kuldeep Singh. 2011 LLR 400 (Del. HC) 20
From The Court Room Important
Labour Judgments 2011 Daily wagers will not be entitled for Back Wages on
reinstatement.
Ramjibhai Dhanjibhai vs. Deputy
Executive Engineer. 2011 LLR 421 (Guj. HC)
No back wages to the employee for
the period prior to his regularisation.
Satinder Kumar vs. Lt. Governor,
NCT of Delhi and Another. 2011 LLR 483 (Del. HC)
In case of illegal retrenchment,
reinstatement with 50% back wages granted by labour court held proper by HC.
Municipal Council vs. Chhotalal
and Another. 2011 LLR 517 (Raj. HC)
When the dismissed chowkidar was
detained in jail and could not get any job, 50% Back Wages instead of full
would be appropriate as no able-bodied person can remain unemployed and might
have worked to earn wages.
Nirmal Singh vs. Labour Court,
Bhatinda and Others. 2011 LLR 768 ( P & H HC)
No grant of back-wages
automatically on reinstatement.
Ram Kumar vs. Presiding Officer,
Labour Court, Ambala & Ors. 2011 LLR 820 (P&H HC)
High Court affirmed the award of
Labour Court holding retrenchment illegal under Section 25-F of Industrial
Disputes Act, 1947 and the workmen will be entitled to full back-wages.
Aska Central Multipurpose
Co-operative Society Ltd. vs. Their Workmen rep. by the Secretary, Aska
Regional Employees' and Workers' Federation and Another. 2011 (III) LLJ 45
(Orissa HC)
After acquittal from criminal
court, when employee is not permitted to join duty by employer, he will be
entitlted to get back wages for the period, he was kept out without duty.
Inderjeet Singh vs. Delhi
Transport Corporation. 2011 LLR 901 (Delhi HC)
On reinstatement, back wages is
not a thumb rule. It lies with the court discretion.
Bhajabhai Danabhai Rabari &
Ors. vs. State of Gujarat & Ors. 2011 LLR 903 (Guj. HC)
In the absence of any evidence of
remaining unemployed throughout the period, awarding back wages on
reinstatement till superannuation would be wrong and illegal.
Senior Regional Manager vs.
C.G.I.T., Jabalpur and Another. 2011 LLR 941 (MP HC)
Even when the retrenchment was
held to be illegal, reinstatement with 25% back wages instead of 50% would be
proper.
Divisional Forest Officer, Forest
Division, Rewa, M.P. and Another vs. Leelavati Yadav. 2011 LLR 494 (MP HC)
Income from agriculture land
would not be taken as earning to adjust or deny back wages.
G.K. Pandey vs. Regional
Director, International Airport Authority of India. 2011 LLR 1055 (Bom. HC)
No reinstatement with full back
wages to employees who could not prove employer-employee relationship and
infact were engaged for less than one hour every day in the morning for dusting
and cleaning the bank premises.
The Saraswat Co-Op. Bank Limited
vs. The Saraswat Co-Op. Bank Employees Union & Ors. 2011 LLR 1059 (Bom. HC)
Full Back Wages justified when
termination effected without retrenchment compensation and workman was not
gainfully employed.
1. Ram Chander, Peon vs. The
Presiding Officer, Labour Court and Another. 2011 LLR 1217 (P&H HC)
2. Haryana Agricultural
University vs. Presiding Officer, Industrial Tribunal-cum-Labour Court and
Another. 2011 LLR 1218 (P&H HC)
Back Wages on reinstatement would
be proper when the employee was dismissed solely on the basis of conviction by
a criminal court and his conviction was set-aside by higher court.
Mohammed Abdur Raheem vs. State
Bank of India and Another. 2011 LLR 1237 (Mad. HC)
Even when there is violation of
sec. 25F of the ID Act, reinstatement with full or partial back wages is not
automatic. Compensation is such
case is appropriate. International Tractors Ltd; Hoshiarpur & Anr.
vs. Presiding Officer, Labour
Court, Jalandhar & Anr. 2011 LLR 406 (P&H HC)
