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1 - 10 of 13 (0.49 seconds)Article 226 in Constitution of India [Constitution]
Article 43 in Constitution of India [Constitution]
Section 25F in The Industrial Disputes Act, 1947 [Entire Act]
Section 11A in The Industrial Disputes Act, 1947 [Entire Act]
Deepali Gundu Surwase vs Kranti Junior Adhyapak & Ors on 12 August, 2013
10. The Hon'ble Supreme Court again examined the issue in
question in Deepali Gundu Surwase (supra).
Hindustan Steel Works Construction ... vs Hindustan Steel Works Construction ... on 10 February, 1995
While following the ratio
laid down in Hindustan Tin Works (supra), it was held that in cases of
wrongful termination of service, reinstatement with continuity of service
and back wages is the normal rule. While adjudicating the issue of back
wages, the Court may take into consideration the length of service of the
employee/workman, nature of misconduct, if any, found proved against
him, the financial condition of the employer, and similar other factors.
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
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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 Kamdar Mandal
(1971) (1), Lab LJ 508 and a Division Bench of the
Allahabad High Court in Postal Seals Industrial Co-
operative Society Ltd. v. Labour Court, Lucknow(1971]
1 Lab LJ 327, have taken this view and we are of the
opinion that the view taken therein is correct."
Workmen Of The Karnal Kaithal ... vs Labour Court, Rohtak And Anr. on 10 October, 1961
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
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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 Kamdar Mandal
(1971) (1), Lab LJ 508 and a Division Bench of the
Allahabad High Court in Postal Seals Industrial Co-
operative Society Ltd. v. Labour Court, Lucknow(1971]
1 Lab LJ 327, have taken this view and we are of the
opinion that the view taken therein is correct."
Hindustan Tin Works Pvt. Ltd vs Empkoyees Of Hindustan Tin Works Pvt. ... on 7 September, 1978
vi) In a number of cases, the superior Courts have
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interfered with the award of the primary adjudicatory
authority on the premise that finalization of litigation has
taken long time ignoring that in majority of cases the
parties are not responsible for such delays. Lack of
infrastructure and manpower is the principal cause for
delay in the disposal of cases. For this the litigants cannot
be blamed or penalised. It would amount to grave injustice
to an employee or workman if he is denied back wages
simply because there is long lapse of time between the
termination of his service and finality given to the order of
reinstatement. The Courts should bear in mind that in most
of these cases, the employer is in an advantageous position
vis-à-vis the employee or workman. He can avail the
services of best legal brain for prolonging the agony of the
sufferer, i.e., the employee or workman, who can ill afford
the luxury of spending money on a lawyer with certain
amount of fame. Therefore, in such cases it would be
prudent to adopt the course suggested in Hindustan Tin
Works Private Limited v. Employees of Hindustan Tin
Works Private Limited (supra)."