justice, entitles the employee to claim full back
wages. If the employer wants to deny back wages to the employee or contest
his entitlement ... award of full back
wages by directing that the workmen shall be entitled to 75 % of the back
wages.
19. Another three Judge Bench considered
partial back wages-Plinciples for
awarding Employee's financial viability to pay baek wages-lf
could be a factor for not awarding full back ... back
wages. We were also told that the appellant had offered to
pay by way of settlement 50% of the back wages. Therefore,
the only
Respondent
may not be entitled to an order of reinstatement with full back wages but
having regard to the fact that his services were wrongly ... parties, we may observe that although direction to pay full back
wages on a declaration that the order of termination was invalid used
claimed reinstatement with
continuity of service and full back wages.
3. The Presiding Officer, Industrial Tribunal-cum-Labour
Court, Panipat, after recording evidence and hearing ... appellant was entitled to reinstatement with
continuity of service and full back wages from the date of
demand notice, i.e., January
that the Court had full
discretion to direct payment of suitable compensation
instead of ordering reinstatement with full back wages.
In respect ... with the provisions of S. 25F , had full
discretion not to direct reinstatement with full back wages,
but, instead, to direct the payment of suitable
justice, entitles the employee to claim full back wages. If the
employer wants to deny back wages to the employee or contest his
entitlement ... award of full back wages by directing that the workmen
shall be entitled to 75% of the back wages.
24. Another three-Judge Bench considered
Certiorari quashing order of dismissal and
ordered reinstatement of employee with full back wages-If
competent to order reinstatement.
HEADNOTE:
The respondent was an employee ... High Court was in error in directing payment of
full back wages to the dismissed employee. [783 E]
3(a) In exercise of its certiorari
High Court were justified in
passing the order for payment of full back wages in favour
of the workman.
Shri Bhaskar P. Gupta, learned senior ... Bench of the High
Court committed error in directing payment of full back
wages without considering the relevant aspects of the
matter. Shri Gupta contended
itself does not create a right of
reinstatement with full employment benefits and full back wages. The
notice was issued with a view that ... employer to deposit 50% of back wages
11
by way of arrears of back wages, instead of full wages awarded by the
Labour Court
Labour Court in so far as it declines to grant
full back wages to the petitioner, has been held to be illegal.
The award ... been held that the
respondent shall be entitled to full back wages from the date of
termination till the date of reinstatement.
8. Being aggrieved
