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IN THE HIGH COURT OF JUDICATURE AT PATNA
G.ANUPAMA CHAKRAVARTHY
Kapileshwar Choudhary S/o Late Janardan Choudhary – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
G. ANUPAMA CHAKRAVARTHY, J.
1. The petitioner has filed the instant application for the following relief:
“(I) To quash the office order bearing order no. 144 dated 08.02.2008 issued under the signature of V. N. Jha, Director Vigilance and Security (In- Charge Chief Personnel) in the department of Bihar sate road transport department Govt. of Bihar Patna.. Whereby and where under it is further directed that the back wages of the petitioner shall not be paid.
(II) To direct the respondent authority to pay the entire back wages of the petitioner in view of order dated 22.8.2006 passed by Presiding Officer, Labour Court, Patna in reference case no. 39/1995 with statutory interest over the amount.
(III) Also to direct respondent authority to provide all consequential benefits of the petitioner in view of above mentioned order.
(IV) Also any other relief/reliefs for which petitioner is found to be entitled in the eye of law.”
2. The case of the petitioner, as culled out from the writ petition, is that he was initially appointed as a Driver in the Bihar State Road Transport Corporation on 20.06.1988. It is stated that he discharged his duties sincerely and was posted on the Patna–Dar
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 ....
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....
In cases of wrongful termination of service, the employee is entitled to back wages unless the employer proves that the employee was gainfully employed during the relevant period.
The Labour Court exceeded its jurisdiction by awarding backwages without a pre-existing right, as reinstatement does not automatically confer entitlement to backwages.
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