Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
ANIL KUMAR SINHA
Surendra Jha S/o Late Yugal Kishore Jha – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. petitioner's employment status and history. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. arguments against denial of back wages. (Para 9 , 10 , 11 , 12 , 14) |
| 3. court's findings on the petitioner's claim. (Para 18 , 21 , 24 , 25 , 26 , 27) |
| 4. supreme court's stance on back wages entitlement. (Para 22 , 23) |
| 5. conclusion and directive for back wages payment. (Para 28 , 29 , 30 , 31 , 32) |
JUDGMENT :
ANIL KUMAR SINHA, J.
1. The present writ application has been filed for quashing the order, dated 27.02.2017, passed by the Principal Secretary, Department of Industries, Government of Bihar, Patna, in Appeal No. 01/2015, whereby the appeal filed by the petitioner, challenging the rejection of his claim for back wages, has been dismissed. The petitioner has further prayed for quashing the order, contained in Memo No. 6861, dated 05.12.2014, issued by the Managing Director, Bihar Industrial Area Development Authority, rejecting his claim for back wages for the period from 01.12.2007 to 03.07.2014, and also for issuance of a direction to the respondents to release full back wages for the said period along with penal interest.
2. The case of the petitioner, in brief, is that the petiti
An employee unlawfully dismissed is generally entitled to back wages unless the employer proves gainful employment during the relevant period.
Compulsory retirement set aside for gross violation of natural justice entitles employee to full back wages for that period, despite subsequent fresh proceeding imposing minor censure punishment.
Reinstatement after wrongful termination entitles an employee to back wages unless the employer proves otherwise, even if a minor penalty like censure is imposed.
In cases of wrongful termination, reinstatement with back wages is the normal rule unless the employer proves the employee was gainfully employed during the termination period.
In cases of wrongful termination, the standard remedy is reinstatement with back wages unless the employer proves the employee's concurrent gainful employment during the termination period.
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.....
The employer bears the burden of proving that the worker was gainfully employed during the dispute period to deny back wages; failure to provide evidence supports the worker's claim to back wages.
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
