Dhari Gram Panchayat vs Shri Brahad Saurashtra Safai Kamdar ... on 28 April, 1970
If the
services were not terminated the workmen ordinarily would
have continued to work and would have earned their wages.
When it was held that the termination of services was
neither proper nor justified, it would not only show that
the workman were always willing to serve but if they
rendered service they would legitimately be entitled to the
wages for the same. If the workman were always ready to work
but they were kept away therefrom on account of invalid act
of the employer, there is no justification for not awarding
them full back wages which were very legitimately due to
them. A Division Bench of the Gujarat High Court in Dhari
Gram Panchayat v. Safai Kamldar Mandal(1), and a Division
Bench of the Allahabad (1) 11-971] I Labour Law Journal 508
570
High Court in Postal Seals Industrial Co-operative Society
Ltd. v. Labour Court 11, Lucknow & ors.(l), have taken this
view and we are of the opinion that the view taken therein
is correct.