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Haryana Urban Development Authority vs Om Pal on 10 April, 2007

In the case of Haryana Urban Development Authority v. Om Pal, 2007(2) SCT 749, it was held that despite a wide discretionary power conferred upon the Industrial Courts under Section 11A of the 1947 Act, the relief of reinstatement with full back-wages should not be granted automatically only because it would be lawful to do so. Grant of relief would depend on the fact situation obtaining in each case. It will depend upon several factors; one of which would be as to whether the recruitment was effected in terms of the statutory provisions operating in the field, if any.
Supreme Court of India Cites 5 - Cited by 146 - S B Sinha - Full Document

M.P. State Electricity Board vs Smt. Jarina Bee on 15 July, 2003

13. In some cases, the Court may decline to award the back wages in its entirety whereas in some cases, it may award partial depending upon the facts of each case by exercising its judicial discretion in the light of the facts and evidence. The questions, how the back wages is required to be decided, what are the factors to be taken into consideration awarding back wages, on whom the initial burden lies etc. were elaborately discussed in several cases by this Court wherein the law on these questions has been settled. Indeed, it is no longer res integra. These cases are, M.P. State Electricity Board v. Jarina Bee (Smt.), 2003(3) S.C.T. 625 : (2003) 6 SCC 141, G.M. Haryana Roadways v. Rudhan Singh, 2005(3) S.C.T. 559 : (2005) 5 SCC 591, U.P. State Brassware Corporation v. Uday Narain Pandey, 2006(1) S.C.T. 77 : (2006) 1 SCC 479, J.K. Synthetics Ltd. v. K.P. Agrawal &Anr., 2007(2) S.C.T. 79 : (2007) 2 SCC 433, Metropolitan Transport Corporation v. V. Venkatesan, 2009(3) S.C.T. 749 : (2009) 9 SCC 601, Jagbir Singh v. Haryana State Agriculture Marketing Board &Anr., 2009(3) S.C.T. 790 : (2009) 15 SCC 327) and Deepali Gundu Surwase v. Kranti Junior Adhyapak Mahavidyalaya (D.Ed.) & Ors., 2013(4) S.C.T. 716 : (2013) 10 SCC 324.
Supreme Court of India Cites 1 - Cited by 188 - A Pasayat - Full Document

General Manager, Haryana Roadways vs Rudhan Singh on 14 July, 2005

13. In some cases, the Court may decline to award the back wages in its entirety whereas in some cases, it may award partial depending upon the facts of each case by exercising its judicial discretion in the light of the facts and evidence. The questions, how the back wages is required to be decided, what are the factors to be taken into consideration awarding back wages, on whom the initial burden lies etc. were elaborately discussed in several cases by this Court wherein the law on these questions has been settled. Indeed, it is no longer res integra. These cases are, M.P. State Electricity Board v. Jarina Bee (Smt.), 2003(3) S.C.T. 625 : (2003) 6 SCC 141, G.M. Haryana Roadways v. Rudhan Singh, 2005(3) S.C.T. 559 : (2005) 5 SCC 591, U.P. State Brassware Corporation v. Uday Narain Pandey, 2006(1) S.C.T. 77 : (2006) 1 SCC 479, J.K. Synthetics Ltd. v. K.P. Agrawal &Anr., 2007(2) S.C.T. 79 : (2007) 2 SCC 433, Metropolitan Transport Corporation v. V. Venkatesan, 2009(3) S.C.T. 749 : (2009) 9 SCC 601, Jagbir Singh v. Haryana State Agriculture Marketing Board &Anr., 2009(3) S.C.T. 790 : (2009) 15 SCC 327) and Deepali Gundu Surwase v. Kranti Junior Adhyapak Mahavidyalaya (D.Ed.) & Ors., 2013(4) S.C.T. 716 : (2013) 10 SCC 324.
Supreme Court of India Cites 10 - Cited by 543 - G P Mathur - Full Document

U.P. State Brassware Corpn. Ltd. & Anr vs Udai Narain Pandey on 8 December, 2005

13. In some cases, the Court may decline to award the back wages in its entirety whereas in some cases, it may award partial depending upon the facts of each case by exercising its judicial discretion in the light of the facts and evidence. The questions, how the back wages is required to be decided, what are the factors to be taken into consideration awarding back wages, on whom the initial burden lies etc. were elaborately discussed in several cases by this Court wherein the law on these questions has been settled. Indeed, it is no longer res integra. These cases are, M.P. State Electricity Board v. Jarina Bee (Smt.), 2003(3) S.C.T. 625 : (2003) 6 SCC 141, G.M. Haryana Roadways v. Rudhan Singh, 2005(3) S.C.T. 559 : (2005) 5 SCC 591, U.P. State Brassware Corporation v. Uday Narain Pandey, 2006(1) S.C.T. 77 : (2006) 1 SCC 479, J.K. Synthetics Ltd. v. K.P. Agrawal &Anr., 2007(2) S.C.T. 79 : (2007) 2 SCC 433, Metropolitan Transport Corporation v. V. Venkatesan, 2009(3) S.C.T. 749 : (2009) 9 SCC 601, Jagbir Singh v. Haryana State Agriculture Marketing Board &Anr., 2009(3) S.C.T. 790 : (2009) 15 SCC 327) and Deepali Gundu Surwase v. Kranti Junior Adhyapak Mahavidyalaya (D.Ed.) & Ors., 2013(4) S.C.T. 716 : (2013) 10 SCC 324.
Supreme Court of India Cites 40 - Cited by 804 - S B Sinha - Full Document

J.K.Synthetics Ltd. Ã Appellant vs K.P.Agrawal & Anr. Ã Respondents on 1 February, 2007

13. In some cases, the Court may decline to award the back wages in its entirety whereas in some cases, it may award partial depending upon the facts of each case by exercising its judicial discretion in the light of the facts and evidence. The questions, how the back wages is required to be decided, what are the factors to be taken into consideration awarding back wages, on whom the initial burden lies etc. were elaborately discussed in several cases by this Court wherein the law on these questions has been settled. Indeed, it is no longer res integra. These cases are, M.P. State Electricity Board v. Jarina Bee (Smt.), 2003(3) S.C.T. 625 : (2003) 6 SCC 141, G.M. Haryana Roadways v. Rudhan Singh, 2005(3) S.C.T. 559 : (2005) 5 SCC 591, U.P. State Brassware Corporation v. Uday Narain Pandey, 2006(1) S.C.T. 77 : (2006) 1 SCC 479, J.K. Synthetics Ltd. v. K.P. Agrawal &Anr., 2007(2) S.C.T. 79 : (2007) 2 SCC 433, Metropolitan Transport Corporation v. V. Venkatesan, 2009(3) S.C.T. 749 : (2009) 9 SCC 601, Jagbir Singh v. Haryana State Agriculture Marketing Board &Anr., 2009(3) S.C.T. 790 : (2009) 15 SCC 327) and Deepali Gundu Surwase v. Kranti Junior Adhyapak Mahavidyalaya (D.Ed.) & Ors., 2013(4) S.C.T. 716 : (2013) 10 SCC 324.
Supreme Court of India Cites 27 - Cited by 579 - Full Document

Metropolitan Transport Corpn vs V. Venkatesan on 7 August, 2009

13. In some cases, the Court may decline to award the back wages in its entirety whereas in some cases, it may award partial depending upon the facts of each case by exercising its judicial discretion in the light of the facts and evidence. The questions, how the back wages is required to be decided, what are the factors to be taken into consideration awarding back wages, on whom the initial burden lies etc. were elaborately discussed in several cases by this Court wherein the law on these questions has been settled. Indeed, it is no longer res integra. These cases are, M.P. State Electricity Board v. Jarina Bee (Smt.), 2003(3) S.C.T. 625 : (2003) 6 SCC 141, G.M. Haryana Roadways v. Rudhan Singh, 2005(3) S.C.T. 559 : (2005) 5 SCC 591, U.P. State Brassware Corporation v. Uday Narain Pandey, 2006(1) S.C.T. 77 : (2006) 1 SCC 479, J.K. Synthetics Ltd. v. K.P. Agrawal &Anr., 2007(2) S.C.T. 79 : (2007) 2 SCC 433, Metropolitan Transport Corporation v. V. Venkatesan, 2009(3) S.C.T. 749 : (2009) 9 SCC 601, Jagbir Singh v. Haryana State Agriculture Marketing Board &Anr., 2009(3) S.C.T. 790 : (2009) 15 SCC 327) and Deepali Gundu Surwase v. Kranti Junior Adhyapak Mahavidyalaya (D.Ed.) & Ors., 2013(4) S.C.T. 716 : (2013) 10 SCC 324.
Supreme Court of India Cites 18 - Cited by 136 - R M Lodha - Full Document
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