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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE SANDEEP SHARMA
Amit Kumar – Appellant
Versus
Industrial Tribunal-cum-Labour Court – Respondent
| Table of Content |
|---|
| 1. petitioner's termination and subsequent proceedings. (Para 2 , 3 , 4) |
| 2. court's reasoning on necessity of awarding back wages. (Para 5 , 9) |
| 3. arguments regarding back wages. (Para 6 , 7) |
| 4. court's analysis of the entitlement to back wages. (Para 10 , 11) |
| 5. legal standards for awarding back wages. (Para 12 , 13 , 14 , 15 , 16) |
| 6. final order granting back wages. (Para 17) |
JUDGMENT :
Sandeep Sharma, J.
Being aggrieved and dissatisfied with award dated 2.1.2013 (Annexure P-1), passed by the learned Industrial Tribunal cum Labour Court, Shimla, Himachal Pradesh, in reference No. 12 of 2011, titled Amit Kumar v. Executive Engineer and Anr, in as much as, petitioner herein came to be denied back wages, petitioner has approached this Court in the instant proceedings filed under Article 226 of the Constitution of India, praying therein for following main reliefs:
“(a) to issue a writ of certiorari or direction in the nature thereof, quashing the impugned award passed by the Ld. Industrial Tribunal below on 02/01/2013 being Annexure P-1 of the writ petition to the extent it denies back wages to the petitioner, as unconstitutional and illegal and contrary to the law;
(b) to issu
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.
The employer bears the burden of proving that the worker was gainfully employed during the dispute period to deny back wages; failure to provide evidence supports the worker's claim to back wages.
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.
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