Back
RAJESH SINGH CHAUHAN
Dharmendra Kumar Yadav – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
RAJESH SINGH CHAUHAN, J.
1. Heard Sri. Ajay Kishor Pandey, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
2. By means of this petition, the petitioner has prayed following reliefs:-
(ii) issue a writ, order or direction in the nature of mandamus commanding the opposite parties to pay all back wages, increment with 12% interest and the seniority maintained at the time of joining.”
3. Learned counsel for the petitioner has contended that since the impugned order of dismissal was illegal and arbitrary, therefore, it was quashed by this Court vide judgment and order dated 17.11.2016 passed in Service Single No. 9088 of 2016, Dharmendra Kumar Yadav vs. State of U.P. and Others. Sri. Pandey has further submitted that the judgment and order dated 17.11.2016 has not been assailed by the State Government by filing appeal before this Court or before the Hon'ble Supreme Court, therefore, the judgment and order dated 17.11.2016 has attained finality. Learned counsel for the petitioner has further submitte
Dismissal from service - When an order of termination by way of punishment i.e. dismissal or removal is set aside being in violation of principle of natural justice, such an order of punishment rende....
In cases of wrongful termination of service, reinstatement with continuity of service and back wages is normal rule.
Point of Law : Merely because litigation, that too, at instance of respondents continued for considerable long period cannot be held to be a factor to disentitle petitioner from all actual benefits, ....
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.
Point of law: When substantial order is passed by the Tribunal quashing the order of dismissal with a direction to reinstate the petitioner with all consequential benefits including monetary benefits....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
