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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
RAJESH MAZUMDAR
On The Death Of Kiran Chandra Deka His Wife Debabala Deka W/o. Lt. Kiran Chandra Deka – Appellant
Versus
Assam Cooperative Apex Bank Ltd. – Respondent
| Table of Content |
|---|
| 1. chronicling the petitioner's employment and litigation history (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 2. discussion on back wages and employment interruptions (Para 13 , 14 , 15 , 16 , 17) |
| 3. court's findings on legality of termination and implications (Para 18 , 19) |
| 4. entitlement to back wages as per precedent (Para 20) |
| 5. order for payment of arrears and procedural directives (Para 21 , 22 , 23 , 24) |
JUDGMENT & ORDER :
Rajesh Mazumdar, J.
Heard Mr. K.R Patgiri, learned counsel for the petitioner and also heard Mr. D. Gogoi, learned Standing counsel, Assam Co-operative Apex Bank Limited, appearing for the respondents.
2. This writ petition was the 9th round of litigation for the deceased husband of the present petitioner, an erstwhile employee of the Assam Co-operative Apex Bank Limited. The writ petition was filed on 04.08.2017 and the original writ petitioner met his demise on 28.01.2018. Later the wife of the petitioner was substituted as the petitioner.
3. The husband of the petitioner had joined service in Assam Co-operative Apex Bank Ltd. on 08.11.1957 as an Assistant. He was later upgraded in service and allowed to work as Branch Manager In-charge of
Back wages must be awarded in cases of wrongful termination if no guilt is established and procedural violations occur in the dismissal process.
1. Departmental proceedings cannot be continued and a penalty cannot be imposed after an employee has ceased to be in service, in the absence of a specific provision for continuation of the proceedin....
Point of Law : Unless punishment is shockingly/strikingly disproportionate or harsh, in normal circumstances, Court cannot interfere with the same and that too when said order of punishment has been ....
The denial of back wages based on 'Dies-non' for a period of dismissal was ruled arbitrary, necessitating payment of 50% back wages under Rule 19(ii).
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