ALLAHABAD JAL SANSTHAN versus DAYA SHANKAR RAI AND ANR.

ALLAHABAD JAL SANSTHAN versus DAYA SHANKAR RAI AND ANR.

In the absence of a specific plea or evidence that the respondent remained unemployed during the period between termination and reinstatement, the interests of justice demand payment of 50% of the back wages rather than full back wages.

Parties
Appellant: Allahabad Jal Sansthan; Respondent No. 1: Daya Shankar Rai
Jurisdiction
India
Judgment Date
03 May 2005
Procedural Posture
Civil Appeal / Supreme Court Appeal Challenging Award of Labour Court as Upheld by Allahabad High Court, Limited to Issue of Back Wages
Outcome
Appeal partly allowed
Legal Topics
Reinstatement, Back Wages, Employment Termination, Industrial Dispute
Labour Law Reinstatement Back Wages Employment Termination Industrial Dispute

Case Brief

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Parties

Allahabad Jal Sansthan

Appellant

Daya Shankar Rai

Respondent No. 1

Procedural Posture

Civil Appeal / Supreme Court Appeal Challenging Award of Labour Court as Upheld by Allahabad High Court, Limited to Issue of Back Wages

Legal Issues

  1. 1 Whether the Labour Court was right in awarding full back wages to the reinstated employee in the absence of any plea or evidence of unemployment during the period of termination

Ratio Decidendi

In the absence of a specific plea or evidence that the respondent remained unemployed during the period between termination and reinstatement, the interests of justice demand payment of 50% of the back wages rather than full back wages.

Court Disposition

Appeal partly allowed

Orders

  • Respondent No. 1 is entitled to 50% of back wages from 24.1.1987 to 27.2.2001; not full back wages.
  • No order as to costs.