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Showing contexts for: wrongful termination in M.Pandiyan vs The Presiding Officer on 14 February, 2022Matching Fragments
9. Insofar as the Writ Petition filed by the workman challenging the denial of 75% of the back wages is concerned, the law has been settled by the Hon'ble Supreme Court in Deepali Gundu Surwase V. Kranti Junior Adhyapak Mahavidyalaya (D. ED.) and Others reported in 2013 (10) SCC 324, to the effect that, in all cases of unlawful termination and consequent reinstatement, the concerned workman would be entitled for full back wages, which has been followed by this Court in the case of B.Palaniswamy Vs. The Presiding Officer, I Additional Labour Court, City Civil Court Campus, High Court Buildings, Chennai-600 104 and another in W.P.No.11094 of 2017 dated 24.01.2022, holding that in cases of wrongful termination, reinstatement with continuity of service and “full back wages” is the normal rule. The relevant portions of the order reads as follows:-
“38.1. In cases of wrongful termination of service, reinstatement with continuity of service and back wages is the normal rule.
38.4. The cases in which the Labour Court/Industrial Tribunal exercises power under Section 11-A of the Industrial Disputes Act, 1947 and finds that even though the enquiry held against the employee/workman is consistent with the rules of natural justice and / or certified standing orders, if any, but holds that the punishment was disproportionate to the misconduct found proved, then it will have the discretion not to award full back wages.
10. The learned counsel for the workman had also placed reliance on the judgment of Addison and Company's case (supra), in which the Hon'ble Division Bench had also relied on the decision of the Hon'ble Supreme Court in Deepali Gundu Surwase's case (supra) and held that in case of wrongful termination, the concerned workman would be entitled for full back wages. The relevant portion https://www.mhc.tn.gov.in/judis of the order reads as follows:-
38. The propositions which can be culled out from the aforementioned judgments are:
38.1. In cases of wrongful termination of service, reinstatement with continuity of service and back wages is the normal rule.
38.2. The aforesaid rule is subject to the rider that while deciding the issue of back wages, the adjudicating authority or the court may take into consideration the length of service of the employee/workman, the nature of misconduct, if any, found proved against the employee/workman, the financial condition of the employer and similar other https://www.mhc.tn.gov.in/judis factors.