STATEOFU.P versus CHARAN SINGH

STATEOFU.P versus CHARAN SINGH

Termination of respondent-workman was illegal for non-compliance with Sections 6-N and 6-W; principle of 'no work no pay' does not apply as the State kept the workman out of job arbitrarily despite award of reinstatement; denial of back wages was arbitrary and respondent is entitled to 50% back wages from date of termination to date of award, and full wages for the period decided by the High Court.

Parties
Appellant: STATE OF U.P.; Respondent: Charan Singh
Jurisdiction
India
Judgment Date
26 March 2015
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Outcome
Appeal dismissed with modification regarding back wages.
Legal Topics
Retrenchment, Back Wages, Reinstatement, Definition of Industry, Right to Livelihood
Labour Law Industrial Disputes Constitutional Law Retrenchment Back Wages Reinstatement Definition of Industry Right to Livelihood

Case Brief

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Parties

STATE OF U.P.

Appellant

Charan Singh

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 Whether termination of services of the respondent was illegal under U.P. Industrial Disputes Act, 1947
  2. 2 Whether denial of back wages was justified where award of reinstatement was passed
  3. 3 Whether the Department of Fisheries qualifies as an 'industry' under the Act

Ratio Decidendi

Termination of respondent-workman was illegal for non-compliance with Sections 6-N and 6-W; principle of 'no work no pay' does not apply as the State kept the workman out of job arbitrarily despite award of reinstatement; denial of back wages was arbitrary and respondent is entitled to 50% back wages from date of termination to date of award, and full wages for the period decided by the High Court.

Court Disposition

Appeal dismissed with modification regarding back wages.

Orders

  • State of U.P. is directed to pay 50% back wages from 22.08.1975 to 24.02.1997 to respondent.
  • The order awarding full back wages for period 24.02.1997 to 31.01.2005 by High Court is upheld.