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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
| Table of Content |
|---|
| 1. respondent's employment history and misconduct allegations. (Para 2 , 3 , 4 , 5) |
| 2. application for wage claims and adjudication history. (Para 10 , 11 , 18) |
| 3. judicial review on entitlements and wage calculations. (Para 15 , 16 , 17) |
| 4. applicability of back wages in employment law. (Para 19 , 20 , 21) |
| 5. dismissal of the writ appeal. (Para 23) |
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
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....
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 burden of proof of the employee's unemployment during the interregnum period lies with the employee, and the initial onus is on the employee to plead and prove that he was not gainfully employed.....
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