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DELHI HIGH COURT
RAJIV SAHAI ENDLAW, AMIT BANSAL
Manmod Shankar – Appellant
Versus
LIC of India – Respondent
| Table of Content |
|---|
| 1. dismissal of appeals regarding reinstatement. (Para 3 , 4) |
| 2. factors justifying denial of back wages. (Para 8) |
| 3. entitlement to back wages dependent on employment status. (Para 9 , 10) |
| 4. appellant's situation regarding superannuation. (Para 11) |
ORDER
CM APPL. 8699/2021 (for exemption)
1. Allowed, subject to all just exceptions and as per extant Rules.
2. The application is disposed of.
LPA 93/2021, CM APPL. 8700/2021 (for condonation of 90 days delay in filing the appeal) & CM APPL. 8701/2021 (for condonation of 21 days delay in re-filing the appeal)
3. This intra court appeal impugns the common judgment dated 29th June, 2020 of dismissal of W.P.(C) 6214/2019 preferred by the respondent Life Insurance Corporation of India (LIC) as well as of dismissal of W.P.(C) 6310/2019 filed by the appellant, both with respect to the award dated 11th February, 2019 of the Labour Court, in an industrial dispute raised by the appellant qua the order dated 23rd July, 2016 of the Disciplinary Authority of the respondent LIC of removal of appellant from service.
4. The Labour Court though directed reinstatement of the appellant but without back wages. While respondent LIC wa
The denial of back wages upon reinstatement is permissible under the Industrial Disputes Act if the misconduct was proportional to the punishment, with no automatic entitlement to wages unless proven....
Grant of a relief of reinstatement, it is trite, is not automatic. Grant of back wages is also not automatic. The Industrial Courts while exercising their power under Section 11A of the Industrial Di....
Workman - Order of Discharge or Dismissal - Section 11-A of the Act is reproduced as Where an industrial dispute relating to the discharge or dismissal of a workman has been referred to a Labour Cour....
The court should not interfere with the award of the Labour Court unless it is irrational or perverse, and should not re-appreciate the evidence and substitute its own conclusions.
Reinstatement following a penalty does not automatically grant entitlement to back wages or continuity of service, particularly when misconduct is acknowledged.
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