M/S Birla Corporation Limited vs Algoo Rai on 23 April, 2024
In the matter of Birla Corporation (supra) which has been
relied upon by learned counsel for the petitioner, the labour court itself has
awarded 50% of back-wages and considering the fact that labour court is
having discretion to decide regarding payment of back wages and in view of the
decisions of Supreme Court in case of Ishwarlal Mohanlal Thakkar Vs.
Pashchim Gujrat Vij Company & Anr. (2014) 6 SCC 437 and Shalini
Signature Not Verified
Signed by: PREETI TIWARI
Signing time: 4/30/2024
7:16:43 PM
8
Shyma Shetty vs. Rajendra Shankar Patil, (2010) 8 SCC 329, the
coordinate bench of this Court refused to interfere in the order passed by
labour court by exercising the power under Article 226 and 227 of the
Constitution of India however, it was not decided in that case that what should
be the criteria for awarding the back wages or monetary benefits.