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D.Sivagnanam vs The General Manager on 30 October, 2025 cites

Dipti Prakash Banerjee vs Satvendra Nath Bose National Centre For ... on 10 February, 1999

(9)The facts of the case are not in dispute. It is the case of the petitioner that his termination was illegal since no enquiry was conducted before terminating his services. Even the Labour Court found that the termination was illegal and in violation of principles of natural justice since no disciplinary proceedings were conducted. The Labour Court relied on the judgment of the Hon'ble Supreme Court in the case of Dipti Prakash Banerjee Vs. Satvendra Nath Bose National Centre for Basic Science at Calcutta, reported in AIR 1999 SC 983 : 1999 [3] SCC 60, in support of its findings on illegal termination. The Labour Court, having held that the termination was illegal, denied back wages to the petitioner on the ground that the petitioner failed to plead and prove by filing an affidavit or by adducing oral evidence that he was not gainfully employed pursuant to the illegal termination.
Supreme Court of India Cites 24 - Cited by 500 - M J Rao - Full Document

Indian Central Tin Works vs The Employees' State Insurance ... on 24 March, 1971

(13)I am fortified in my view by a Three-Judges Bench judgment of the 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/12/2025 07:44:27 pm ) WP No. 8906 of 2021 Hon'ble Supreme Court in the case of M/s.Hindustan Tin Works Pvt. Ltd Vs. The Employees of M/s.Hindustan Tin Works Pvt Ltd and Others reported in 1979 [2] SCC 80. The Hon'ble Supreme Court held as follows:-
Bombay High Court Cites 13 - Cited by 63 - Full Document

Dhari Gram Panchayat vs Shri Brahad Saurashtra Safai Kamdar ... on 28 April, 1970

When it was held that the termination of services was neither proper nor justified, it would not only show that the workmen were always willing to serve but if they rendered service they would legitimately be entitled to the wages for the same. If the workmen were always ready to work but they were kept away therefrom on account of an invalid act of the employer, there is no justification for not awarding them full back wages 12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/12/2025 07:44:27 pm ) WP No. 8906 of 2021 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 LLJ 508 (Guj)] and a Division Bench of the Allahabad High Court in Postal Seals Industrial Cooperative Society Ltd. v. Labour Court II, Lucknow [(1971) 1 LLJ 327 (All)] have taken this view and we are of the opinion that the view taken therein is correct.'' (14)From the aforesaid judgment of the Hon'ble Supreme Court, it is discerned that when the termination is illegal, the fault lies with the employer and keeping the employee away from the work and thereafter, declining full back wages to the employee, will amount to rewarding the employer for his wrongful / illegal termination of the employee. (15)On careful consideration of the entire facts and circumstances of the case and in view of the aforesaid judgment of the Hon'ble Supreme Court, I find merit in the writ petition.
Gujarat High Court Cites 20 - Cited by 48 - D A Desai - Full Document

Postal Seals Industrial Coop Socity ... vs Labour Court & Another on 12 February, 2013

When it was held that the termination of services was neither proper nor justified, it would not only show that the workmen were always willing to serve but if they rendered service they would legitimately be entitled to the wages for the same. If the workmen were always ready to work but they were kept away therefrom on account of an invalid act of the employer, there is no justification for not awarding them full back wages 12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/12/2025 07:44:27 pm ) WP No. 8906 of 2021 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 LLJ 508 (Guj)] and a Division Bench of the Allahabad High Court in Postal Seals Industrial Cooperative Society Ltd. v. Labour Court II, Lucknow [(1971) 1 LLJ 327 (All)] have taken this view and we are of the opinion that the view taken therein is correct.'' (14)From the aforesaid judgment of the Hon'ble Supreme Court, it is discerned that when the termination is illegal, the fault lies with the employer and keeping the employee away from the work and thereafter, declining full back wages to the employee, will amount to rewarding the employer for his wrongful / illegal termination of the employee. (15)On careful consideration of the entire facts and circumstances of the case and in view of the aforesaid judgment of the Hon'ble Supreme Court, I find merit in the writ petition.
Allahabad High Court Cites 0 - Cited by 10 - T Agarwala - Full Document
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