Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
PARTHA SARTHY
Mrityunjai Prasad Singh, Son of Late Anbir Prasad Singh – Appellant
Versus
Chairman, Bihar Industrial Area Development Authority, Udyog Bhavan, East Gandhi Maidan, Patna – Respondent
JUDGMENT :
Heard learned counsel for the petitioner and learned counsel for the respondents.
2. The petitioner has filed the instant application for the following relief(s):
“(i) For issuance of writ in the nature of certiorari for quashing of the order dated 18-02- 2013 passed by the Chairman, Bihar Industrial Area Development Authority, Patna (hereinafter to be referred to as BIADA only) in Appeal No. 03/2012, whereby he has been pleased to dispose of the appeal preferred by the Petitioner against the order of punishment of censure upon the Petitioner without any interference in the order of punishment, while admitting that the another employee should have been proceeded against for the charges levelled against the Petitioner, and the claim of the Petitioner for payment of back wages for the period he remained compulsorily retired in between October, 2007 to 19-06-2009 has been rejected.
(ii) For issuance of writ in the nature of certiorari for quashing of the order contained in Memo No. 361 dated 20-01-2012 issued by under the signature of the Secretary, BIADA whereby it has been communicated that the review petition preferred by the appellant against the order of punishment contain
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.
An employee unlawfully dismissed is generally entitled to back wages unless the employer proves gainful employment during the relevant period.
Reinstatement after wrongful termination entitles an employee to back wages unless the employer proves otherwise, even if a minor penalty like censure is imposed.
An employee who successfully contests compulsory retirement is entitled to full benefits, including service time lost during the retirement, highlighting the judicial emphasis on proportionality in d....
The judgment establishes the principle of double jeopardy in employment disputes and emphasizes the need for disciplinary actions to be based on valid grounds and not arbitrary or illegal initiation.
Period of service excluded due to unjust compulsory retirement must be counted for benefits upon reinstatement as per judicial directives, ensuring equitable treatment for employees.
Retrospective penalties for compulsory retirement are impermissible and must align with the order date past which no previous penalty exists.
The petitioner was entitled to backwages for the non-working period, except for the period when he pursued a law degree and practiced law. The Court directed the respondents to calculate the backwage....
Compulsory retirement without cogent grounds prohibits wage denial for the intervening period.
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
