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SASHIKANTA MISHRA
Madhusmita Dutta – Appellant
Versus
State of Orissa – Respondent
JUDGMENT
Sashikanta Mishra, J.
The short point that falls for consideration in the present application is, whether the petitioner is entitled to back wages consequent upon her reinstatement in service after the order of termination was declared illegal by the competent authority.
2. The facts, shorn of unnecessary details are as follows:
2.1 The petitioner was appointed as Lecturer in History against the 1st post in Joda Women's College, Joda on 05.09.1988. Her services were terminated by the governing body of the College by order dated 23.09.1995. She challenged the order of termination in an appeal before the Director, Higher Education, Odisha. By order dated 12.08.1996, the appeal was allowed by holding that proper procedure had not been followed before terminating her services. The governing body was directed to take back the petitioner in her former service granting liberty to it to take action against her in accordance with the Rules.
2.2 The order of the Director was not complied with by the governing body for which the petitioner approached this Court in OJC No. 14838 of 1996. Said writ petition was disposed of by order dated 16.09.1995 directing the concerned authority to take
In cases of wrongful termination, reinstatement with back wages is the norm unless the employer can prove the employee was gainfully employed during the termination period; the burden of proof lies w....
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.
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....
Wrongful termination without employee fault, later quashed, entitles full back wages for absence period and ACP increments with service continuity, rejecting 'no work no pay' where employee willing b....
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