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SUPREME COURT OF INDIA
ANIL R. DAVE, ADARSH KUMAR GOEL, JJ.
Delhi Transport Corporation - Appellant
Versus
Ramesh Chand - Respondent
Civil Appeal No(S). 13787 of 2015 and @ SLP(C) No. 34842 of 2012
Decided On : 27-11-2015
Back Wages - Employment Dispute - The court held that the respondent should not have been granted back wages due to the lack of evidence showing that he did not work during the pendency of the matter. The impugned judgment and order were modified to not award any back wages to the respondent.
Fact of the Case:
The court found that the respondent should not have been granted back wages due to the lack of evidence showing that he did not work during the pendency of the matter.
Finding of the Court:
The court analyzed the peculiar facts and circumstances of the case and concluded that no back wages shall be awarded to the respondent.
Issues: The issue of granting back wages to the respondent was considered by the court.
Ratio Decidendi: The lack of evidence showing that the respondent did not work during the pendency of the matter influenced the court's decision to not award any back wages.
Final Decision: The impugned judgment and order were modified to not award any back wages to the respondent.
JUDGMENT :
Anil R. Dave, J.
Leave granted.
2. In the peculiar facts and circumstances of the case we are of the view that the respondent should not have been granted back wages.
3. It is also pertinent to note that the respondent did not lead any evidence to show that he did not work when he was not in service of the appellant during the pendency of the matter. Therefore, in our opinion, it would be just and appropriate not to award any back wages to the respondent.
4. For the aforesaid reason, the impugned judgment and order is modified to the effect that no back wages shall be awarded to the respondent.
5. Appeal stands disposed of as allowed.
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