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38. On the point of grant of 50% back wages, it becomes necessary to examine the relief in the light of the principles laid down by the Supreme Court in Deepali Gundu Surwase v. Kranti Junior Adhyapak Mahavidyalaya,(2013) 10 SCC 324. The said wp-11337-2023 with connected-J.doc judgment authoritatively clarifies that in cases of wrongful termination, reinstatement with continuity of service and full back wages is the normal rule. Departure from this rule is permissible only where the facts of the case justify reduction, and such departure must rest on clear reasons supported by material on record.

41. The Supreme Court has also cautioned that denial of full back wages in cases of wrongful termination effectively grants a premium to the employer's unlawful action, because the employee remains out of service without fault while litigation proceeds. The delay in adjudication cannot be used against the workman. The present case travelled through conciliation, reference, enquiry findings, and writ proceedings over a considerable period. The petitioner cannot be penalised for systemic delay.

42. In this background, the operative part requires modification. The direction limiting back wages to 50% does not align with the settled legal position governing wrongful termination where misconduct is not proved and where the employer has failed to establish gainful employment of the workman. The normal rule must therefore apply.

ORDER

(i) Writ Petition No.11841 of 2024 is allowed and Writ Petition No.11337 of 2023 is dismissed.