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1 - 8 of 8 (0.20 seconds)Article 226 in Constitution of India [Constitution]
Kanhaiyalal Agrawal & Ors vs The Factory Manager, Gwalior Sugar ... on 13 September, 2001
4.For denying the back wages and other attendant benefits, reliance
was placed on the decisions in Kanhaiyalal Agarwal Vs. The Factory
Manager, Gwalior Sugar Co. Ltd., reported in 2001 LLR 1073 (SC);
U.P.S.R.T.C. Ltd vs Sarada Prasad Misra & Anr on 13 April, 2006
H.C.); Allahabad Jal Sansthan
Page 4 of 18
https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/12/2025 06:07:16 pm )
W.A.Nos.3002 & 3377 of 2024
Vs. Daya Shankar Rai and Another reported in 2005 LLR 534 : JT 2005
(5) S.C. 113; U.P.S.R.T.C. Ltd., Vs. V.Sarada Prasad Misra and Another
reported in 2006 LLR 586 (SC); U.P. State Electricity Board,
Muzhaffarnager Vs. Sr Brahm Singh and Another reported in 2006 LLR
944 (All.
Deepali Gundu Surwase vs Kranti Junior Adhyapak & Ors on 12 August, 2013
19. But the cases referred to above, where back
wages were awarded, related to
termination/retrenchment which were held to be
illegal and invalid for non-compliance with statutory
requirements or related to cases where the Court
found that the termination was motivated or amounted
to victimisation. The decisions relating to back wages
payable on illegal retrenchment or termination may
have no application to the case like the present one,
where the termination (dismissal or removal or
compulsory retirement) is by way of punishment for
misconduct in a departmental inquiry, and the court
confirms the finding regarding misconduct, but only
interferes with the punishment being of the view that it
is excessive, and awards a lesser punishment,
resulting in the reinstatement of employee. Where the
power under Article 226 or Section 11-A of the
Industrial Disputes Act (or any other similar
provision) is exercised by any court to interfere with
the punishment on the ground that it is excessive and
the employee deserves a lesser punishment, and a
consequential direction is issued for reinstatement, the
court is not holding that the employer was in the
wrong or that the dismissal was illegal and invalid.
U.P. State Electricity Board Through ... vs Sri Brahm Singh S/O Sri Lattar Singh And ... on 17 February, 2006
H.C.); Allahabad Jal Sansthan
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https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/12/2025 06:07:16 pm )
W.A.Nos.3002 & 3377 of 2024
Vs. Daya Shankar Rai and Another reported in 2005 LLR 534 : JT 2005
(5) S.C. 113; U.P.S.R.T.C. Ltd., Vs. V.Sarada Prasad Misra and Another
reported in 2006 LLR 586 (SC); U.P. State Electricity Board,
Muzhaffarnager Vs. Sr Brahm Singh and Another reported in 2006 LLR
944 (All.
G.M. Anushasanik U.P.S.R.T.C. And ... vs Dinesh Kumar Srivastava And Others on 25 April, 2022
H.C.); and U.P. State Road Transport Corporation, Azamgarh
Vs. Dinesh Kumar and Others reported in 2004 LLR 678 (All. H.C.).
Trivandraum Co-Op.Urban Bank Ltd. vs Mohan Kumar R. on 13 January, 2014
Trivandrum Co-operative Urban Bank Ltd., Vs. R.Mohan Kumar and
Another reported in 2002 LLR 182 (Ker.
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