Back
V. SUJATHA
Daka Venkata Ramana Reddy – Appellant
Versus
Union Of India – Respondent
ORDER :
(V. Sujatha, J.) :
Both these petitions are filed by the same petitioner but by claiming different relief, however the issue involved in these petitions can be decided by way of a common order. Therefore, I am of the view that it is appropriate to decide both the petitions by common order taking Writ Petition No.35434 of 2018 as leading petition.
2. W.P. No.35434 of 2018 came to be filed under Article 226 of the Constitution of India seeking the following relief:-
3. The petitioner herein was initially appointed as extra casual labour gangman under the Permanent Way Inspector (PWI), in South Central Railways, Ongole, on 10.10.1976 on payment of daily wages @4.50Ps., and the services of the petitioner were also utilized as Carpenter Kalasi. While so, one Mr. Chennulu took over as Perman
The court established that casual laborers are not entitled to back wages if they do not meet continuous employment criteria and fail to timely challenge relevant awards.
The main legal point established in the judgment is the entitlement of an employee to claim wages for the period between dismissal and reinstatement, as per the provisions of the Industrial Disputes ....
There may be cases where termination of a daily-wage worker is found to be illegal on the ground that it was resorted to as unfair labour practice or in violation of the principle of last come first ....
The burden of proof lies on the dismissed employee to demonstrate unemployment to claim backwages, and the Tribunal must consider all relevant evidence before making an award.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
