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PRAVEER BHATNAGAR, MANINDRA MOHAN SHRIVASTAVA
Rajkumari D/o Shri Surajmal Malawat – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT :
1. Heard.
2. This appeal is directed against the order dated 19.08.2019 passed by the learned Single Judge only to the extent the learned Single Judge has not granted back wages from the date of termination till the date of reinstatement.
3. Relying upon the Hon’ble Supreme Court decision in the case of Deepali Gundu Surwase Vs. Kranti Junior Adhyapak Mahavidyalya (D.ED.) and Ors. : (2013) 10 Supreme Court Cases 324, learned counsel for the appellant would submit that once the order of termination/dismissal is illegal entitling reinstatement, grant of back wages is a normal rule and the Court may be required to consider this aspect upon taking into consideration various relevant factors as stated in para 38 of the decision of the Hon’ble Supreme Court in the case of Deepali Gundu Surwase Vs. Kranti Junior Adhyapak Mahavidyalya (D.ED.) and Ors. He would submit that the appellant is a low paid employee and belonging to Scheduled Caste. Termination from service was founded on an allegation of misconduct and the learned Single Judge recorded a finding that the date on which appellant solemnized second marriage, specific provision of misconduct was not incorporated in the rule.
The entitlement to back wages in cases of wrongful termination of service is subject to various factors including the burden of proof on gainful employment, and the adjudicatory authority has discret....
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.
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....
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.
A petitioner must prove non-employment post-retrenchment to claim back wages after reinstatement.
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