NOVARTIS INDIA LTD versus STATE OF WEST BENGAL AND ORS

Back wages are not automatic upon setting aside termination; each case depends on facts—here workmen proved unemployment, employer failed to rebut; as workmen had superannuated, reinstatement denied; back wages granted as compensation, calculated on last pay drawn, not revised scales, as Tribunal's order attained finality.

Parties: Appellant: Novartis India Ltd.; Respondents: State of West Bengal and Ors.
Jurisdiction: India
Judgment Date: 02 December 2008
Procedural Posture: Civil Appeal / Supreme Court Final Disposal
Outcome: Appeal dismissed
Legal Topics: Back Wages, Termination of Employment, Transfer, Misconduct, Domestic Inquiry, Natural Justice, Superannuation, Article 142, Compensation, Evidence Act S.106

Labour Law Back Wages Termination of Employment Transfer Misconduct Domestic Inquiry Natural Justice Superannuation +3 more

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Full judgment text Legal principles 5 Authorities cited 19 Party arguments 2 Amounts and remedies 1

Parties

Novartis India Ltd.

Appellant

State of West Bengal and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Final Disposal

Legal Issues

1 Whether back wages should be directed to be paid to respondent workmen upon setting aside termination
2 Whether the workmen's discharge without domestic inquiry amounted to illegal termination
3 Whether the workmen were entitled to reinstatement or only compensation

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Back wages to respondents from date of termination to date of superannuation calculated on last pay drawn
No reinstatement due to superannuation