justice, entitles the employee to claim full back
wages. If the employer wants to deny back wages to the employee or contest
his entitlement ... grant of relief of back wages this
Court in Hindustan case, itself reduced the back wages to 75%,
the reason being the contextual facts
back wages-Plinciples for
awarding Employee's financial viability to pay baek wages-lf
could be a factor for not awarding full back wage ... been reinstated and
started earing their wages it would be appropriate to award
75% of the backs wages to the workmen to be paid
work, he was not entitled to
any wages and as such the grant of back wages by the Labour Court as also
by the High ... Respondent herein shall be entitled to
25% back wages of the total back wages payable during the aforesaid period
and compensation payable in terms
Shyam Bihari Lal Gupta [2005 (7) SCC 406].
18. Coming back to back-wages, even if the court finds it necessary to
award back-wages ... increments. In such
circumstances, award of back wages was neither automatic nor
consequential. In fact, back wages was not warranted at all.
Re : Question
claimed reinstatement with
continuity of service and full back wages.
3. The Presiding Officer, Industrial Tribunal-cum-Labour
Court, Panipat, after recording evidence and hearing ... appellant was entitled to reinstatement with
continuity of service and full back wages from the date of
demand notice, i.e., January
wages. Accordingly an award was passed on
26.5.2000 directing reinstatement of the respondent on his previous post
with continuity of service and 50% back wages ... respondent is entitled to any back wages. The Industrial Tribunal-cum-
Labour Court awarded 50% back wages on the ground that in Rohtak
District
court or
tribunal, the payment of back wages still remains discretionary.
Power to grant back wages is to be exercised by the court/tribunal
keeping ... would not automatically
make him entitled for back wages as entitlement to get back wages is
independent of re-instatement. The factual scenario
full back wages. The
workmen claimed that their case being identical with this
case, they should be reinstated with full back wages.
The Bank ... relief of reinstatement with back
wages. The apprehension of the Labour Court that
reinstatement with full back wages would put these workmen
cases direct the payment of part of the back
wages instead of full back wages.....”
(Emphasis laid by the Court)
16. Hence ... justice, entitles the employee to claim full back
wages. If the employer wants to deny back wages to the employee or contest
his entitlement
employer for reinstatement
with continuity of service and 25 per cent back wages is legally
sustainable.
2. We were not disposed to undertake the detailed ... cent back wages from the date the industrial
dispute was raised. Setting aside the order of reinstatement and back
wages, this Court awarded compensation
