NIRANJAN CINEMA versus PRAKASH CHANDRA DUBEY AND ANR.

NIRANJAN CINEMA versus PRAKASH CHANDRA DUBEY AND ANR.

In absence of an averment in the claim petition that earnings from self-employment were insufficient and no evidence of the quantum of earnings, the workman is entitled to only 50% of back wages.

Parties
Appellant: Niranjan Cinema; Respondent: Prakash Chandra Dubey; Respondent: Respondent No.2
Jurisdiction
India
Judgment Date
05 December 2007
Procedural Posture
Civil Appeal / Appeal From the Judgment and Final Order of Allahabad High Court in Writ Petition
Outcome
appeal partly allowed
Legal Topics
Back Wages, Reinstatement, Self Employment and Gainful Employment, Industrial Disputes Act
Labour Law Back Wages Reinstatement Self Employment and Gainful Employment Industrial Disputes Act

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Parties

Niranjan Cinema

Appellant

Prakash Chandra Dubey

Respondent

Respondent No.2

Respondent

Procedural Posture

Civil Appeal / Appeal From the Judgment and Final Order of Allahabad High Court in Writ Petition

Legal Issues

  1. 1 Whether self-employment after termination of service constitutes gainful employment for the purposes of back wages
  2. 2 Whether the workman is entitled to the full amount of back wages upon reinstatement when he engaged in self-employment but did not plead insufficiency of earnings

Ratio Decidendi

In absence of an averment in the claim petition that earnings from self-employment were insufficient and no evidence of the quantum of earnings, the workman is entitled to only 50% of back wages.

Court Disposition

appeal partly allowed

Orders

  • 50% of back wages deposited with the Tribunal to be released to the respondent
  • Entitlement to back wages determined at 50%