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SUPREME COURT OF INDIA
RAJASTHAN STATE ROAD TRANSPORT CORPORATION,jaipur
VERSUS
BHAGYO MAL
DECIDED ON: May 7, 1993
Back Wages - Employment Dispute - The court found that the employee deserved punishment for misconduct and therefore could not be rewarded with back wages, despite the High Court's decision to grant them. The appeal was allowed, and the order granting back wages was set aside.
Fact of the Case:
The tribunal reduced the punishment and reinstated the workman but denied back wages. The High Court interfered with the order, affirming the punishment and directing the respondent to be entitled to back wages.
Finding of the Court:
The High Court's order was found to be self-contradictory as it affirmed the punishment but granted back wages, which was deemed inappropriate given the employee's misconduct.
Issues: The denial of back wages by the tribunal, the High Court's interference with the order, and the contradictory nature of the High Court's decision.
Ratio Decidendi: The employee's misconduct warranted punishment, and therefore granting back wages was not justified.
Final Decision: The appeal was allowed, and the part of the High Court's order granting back wages was set aside, while the rest of the order was maintained.
( 1 ) SPECIAL leave granted
( 2 ) THE tribunal while reducing the punishment and reinstating the workman, had denied the back wages to him. However, in writ petition the High court interfered with the order denying the back wages, and while affirming the punishment, directed that the respondent would be entitled to the back wages. We find that the High courts order is self-contradictory. When the High court had found that the respondent-employee deserved punishment on account of his misconduct, the High court could not have rewarded the employee by granting him the back wages particularly when the tribunal had converted the order of dismissal into that of the stoppage of two increments with cumulative effect. We, therefore, allow the appeal and set aside that part of the order of the High court whereby the respondent-employee has been given the benefit of backwages. The rest of the order is maintained. The appeal is allowed accordingly with no order as to costs.
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