P.G.I.Of M.E. & Research, Chandigarh vs Raj Kumar on 2 November, 2000
"Payment of back-wages having a discretionary element
involved in it has to be dealt with, in the facts and
circumstances of each case and no straight-jacket formula
can be evolved, though, however, there is statutory
sanction to direct payment of back-wages in its entirely.
As regards the decision of this Court in Hindustan Tin
Works (P) Ltd. be it noted that though broad guidelines,
as regards payment of back-wages, have been laid down
by this Court but having regard to the peculiar facts of
the matter, this Court directed payment of 75% back-
wages only."