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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
D.K.SINGH, UMESH M. ADIGA
Management Of Indian Institute Of Management, Represented In These Proceedings By Its Dean (Admin) Dr. Jayadev M. – Appellant
Versus
D. Manikya, S/o. Late Doriswamy – Respondent
JUDGMENT :
UMESH M. ADIGA, J.
This Writ appeal is filed under Section 4 of the Karnataka High Courts Act, 1961 directed against order dated 24.06.2025 passed by learned single Judge in W.P.No.19969/2016 (L-ID).
2. The brief facts of the case are that respondent was appointed as a plumber on 21.10.1974 on temporary basis, and thereafter, he was regularised on 25.09.1975. It was alleged against him that on 04.02.1991, 05.02.1991 and 29.08.1991 he had committed certain misconduct. In this regard, a complaint was made against him and he was placed under suspension by an order dated 29.08.1991. Thereafter, a charge sheet dated 10.09.1991 was issued against him, mentioning in detail about the charges levelled against him. He was called upon to reply to the said charges The respondent submitted a reply; however, the employer did not accept it as satisfactory and therefore, appellant ordered to hold an enquiry.
3. The Disciplinary Authority appointed enquiry officer to hold enquiry. The enquiry officer conducted enquiry and gave report to Disciplinary Authority. The Disciplinary Authority after issue of notices to respondent held that the charges levelled against him were proved. The Discipl
An employee dismissed without lawful grounds is entitled to back wages during appeal delays caused by the employer, emphasizing fairness in reinstatement with continuity of service.
An employee reinstated after dismissal is entitled to back wages from the award date until reinstatement, excluding previously paid amounts, despite prior judgments denying back wages under the 'no w....
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 ....
Award of wages for intervening period – Merely because there was interim order/stay of order of reinstatement during pendency of proceedings, employee-appellant cannot be denied back wages/wages when....
The punishment should be proportionate to the guilt, and reinstatement does not automatically warrant back wages.
The main legal point established in the judgment is that the termination of services was illegal and unjustified, and the principles of 'last come, first go' were not followed. The court also emphasi....
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