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Hindustan Tin Works Pvt. Ltd vs Empkoyees Of Hindustan Tin Works Pvt. ... on 7 September, 1978 cites

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.
Gujarat High Court Cites 20 - Cited by 48 - D A Desai - Full Document

Management Of Panitole Tea Estate vs The Workmen on 18 February, 1971

The view taken by us gets support from the decision of this Court in workman of Calcutta Dock Labour Board & Anr. v.Employers in relation to Calcutta Dock Labour Board & ors.(2). In this case seven workmen had been detained under the Defence of India Rules and one of the disputes was that when they were released and reported for duty, they were not taken in service and the demand was For their reinstatement. The Tribunal directed reinstatement of five out of seven workmen and this part of the Award was challenged before this Court. This Court held that the workmen concerned did not have any opportunity of explaining why their services should not be terminated and, therefore, reinstatement was held to be the appropriate relief and Act aside the order of the Tribunal. It was observed that there was to justification for not awarding full back wages from the day they offered to resume work till their reinstatement. Almost an identical view was taken in Management of Paniltole Tea Estate v. The Workmen(3).
Supreme Court of India Cites 9 - Cited by 83 - I D Dua - Full Document
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