National Gandhi Museum vs Sudhir Sharma

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(SC) 509

AJAY RASTOGI, ABHAY S. OKA
National Gandhi Museum – Appellant
Versus
Sudhir Sharma – Respondent

Advocates appeared:
For the Appellant(s) :Jatin Zaveri, Advocate
For the Respondent(s):Mukti Bodh, Sumit Kumar, Advocates

Judgement Key Points

The Supreme Court emphasized that awarding back wages should not be a mechanical or automatic process. Instead, it is essential for the employee to demonstrate that they made genuine efforts to secure employment or were genuinely unemployed during the relevant period. If the employee fails to establish such efforts or prove their unemployment, the entitlement to back wages should be denied. This approach ensures that back wages are awarded based on the actual circumstances and conduct of the employee, promoting fairness and justice in employment disputes (!) .

JUDGMENT :

ABHAY S. OKA, J.

1. National Gandhi Museum is the appellant in these appeals. The appellant has taken an exception to the Judgment and Order dated 30th November 2009 delivered by a Division Bench of the High Court in Letters Patent Appeal No. 602/2009 and the Order dated 12th March 2010 by which the application made by the appellant for review of the Judgment and Order dated 30th November 2009 has been rejected.

FACTUAL CONTROVERSY

2. With a view to appreciate the controversy, a brief reference to the facts of the case will be necessary:

(b) Gandhi Smarak Sangrhalaya Samiti was incorporated and registered under the Societies Registration Act, 1860. The Museum (National Gandhi Museum) is being managed by Gandhi Smarak Sangrhalaya Samiti (for short “the said Society”).

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2021 Supreme(SC) 509

AJAY RASTOGI, ABHAY S. OKANational Gandhi Museum – AppellantVersusSudhir Sharma – Respondent

Cases Referred (5)

AJAY RASTOGI, ABHAY S. OKA
National Gandhi Museum – Appellant
Versus
Sudhir Sharma – Respondent