STATE OF M.P. AND ORS. versus ANEES KHAN

STATE OF M.P. AND ORS. versus ANEES KHAN

Since the workman neither reported for duty nor enforced his reinstatement order, he is not entitled to back wages for the period in question; his conduct establishes abandonment of the claim.

Source-derived case information.

Parties
Appellant: State of M.P. and Ors.; Respondent: Anees Khan
Jurisdiction
India
Judgment Date
07 August 2014
Procedural Posture
Civil Appeal / Final Disposal
Outcome
appeal allowed
Legal Topics
Back Wages, Reinstatement, Industrial Dispute, Abandonment of Claim
Labour Law Back Wages Reinstatement Industrial Dispute Abandonment of Claim

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Parties

State of M.P. and Ors.

Appellant

Anees Khan

Respondent

Procedural Posture

Civil Appeal / Final Disposal

Legal Issues

  1. 1 Is the workman entitled to back wages for the period 08.02.1994 to 31.03.2001 despite not reporting for duty or taking steps to enforce the reinstatement order?
  2. 2 Does the respondent's conduct amount to abandonment of claim for reinstatement and disqualify him from further relief?

Ratio Decidendi

Since the workman neither reported for duty nor enforced his reinstatement order, he is not entitled to back wages for the period in question; his conduct establishes abandonment of the claim.

Court Disposition

appeal allowed

Orders

  • The workman is not entitled to back wages for the period 08.02.1994 to 31.03.2001.
  • State is directed to pay Rs. 1 lac to the workman within three months from receipt of judgment.