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2015 Supreme(SC) 1280
SUPREME COURT OF INDIA
Anil R. Dave and Adarsh Kumar Goel, JJ.
Chairman, Gwalior Development Authority & Anr. - Appellants
Versus
Sandeep Tiwari & Anr. - Respondents
Civil Appeal No. 6553, 6554 of 2015 (Arising out of SLP(C) No. 6737, 8942 of 2012)
Decided on : 24.8.2015.
For the Petitioners:Prerna Mehta and Chiraranjan Addey, Advocates.
For the Respondents:Prashant Shukla, Anushreee Mishra, Rani Kumari and Nikilesh Ramachandran, Advocates.
Payment of back wages should be justified and follow proper procedure of law.
Headnote:
Back Wages - Appointment Procedure - Court set aside the High Court's direction for payment of back wages due to lack of justification and failure to follow proper procedure of law.
Fact of the Case:
The respondents were appointed without following any procedure of law and the High Court granted 50% back wages without providing any reason.
Finding of the Court:
The court found no justifiable reason for payment of back wages and set aside the High Court's direction. The appeals were allowed with no order as to costs.
Issues: Payment of back wages without following proper procedure of law and lack of justification for granting 50% back wages.
Ratio Decidendi: The court's decision was influenced by the lack of proper procedure of law in the appointment of the respondents and the absence of justification for granting back wages.
Final Decision: The court set aside the High Court's direction regarding payment of back wages and allowed the appeals with no order as to costs.
JUDGMENT :
Anil R. Dave, J. - Heard the learned counsel.
2. Leave granted.
3. We see no justifiable reason warranting payment of back wages to the respondents, who were appointed without following any procedure of law and moreover, the High Court has not assigned any reason for which 50% back wages have been granted to the respondents. In the circumstances, the directions given by the High Court regarding payment of back wages is set aside.
4. The appeals are allowed with no order as to costs.
5. Pending application, if any, stands disposed of.
