Back wages Case Laws - 2011

Allowing 50% back-wages by the Division Bench of the High Court not proper since the employer was not given an opportunity for hearing before passing of the order.
T.V.S. Finance and Services Ltd. vs. H. Shivakumar. 2011 LLR 613 (S.C.)

Working as barber in own saloon, will amount to gainful employment, hence not entitled to full back wages.
Mahalakshmi Fibres and Industries Ltd., Kolkata and another vs. Deolal Hazam. 2011 (128) FLR 258. (Jharkhand HC)

Reinstatement without back wages proper of a driver when his negligence in driving vehicle was negligible.
Tamil Nadu State Transport Corporation (Kumbakoham) Ltd. Rep. by its General Manager, Trichy vs. Presiding Officer, Labour Court, Trichy. 2011 LLR 154 (Mad. HC)

In the absence of proof established by the workman about his unemployment, there will be no justification for granting back wages.
Dugdh Utpadak Sahkari Sangh Ltd. vs. Presiding Officer, Labour Court & Others. 2011 LLR 245 (All. HC)

In the absence of establishing the fact that driver was appointed as daily wager and caused fatal accident, reinstatement of such driver with back wages would be proper.
Management, State Express Transport Corporation (Tamil Nadu) Ltd., Chennai vs. Presiding Officer, 1st Additional Labour Court Chennai and Another. 2011 LLR 281 (Mad. HC)

In the absence of charge sheet for unauthorised absence, compensation in lieu of reinstatement and back-wages has been rightly granted.
Delhi Transport Corporation vs. Kuldeep Singh. 2011 LLR 400 (Del. HC) 20

From The Court Room Important Labour Judgments 2011 Daily wagers will not be entitled for Back Wages on reinstatement.
Ramjibhai Dhanjibhai vs. Deputy Executive Engineer. 2011 LLR 421 (Guj. HC)

No back wages to the employee for the period prior to his regularisation.
Satinder Kumar vs. Lt. Governor, NCT of Delhi and Another. 2011 LLR 483 (Del. HC)

In case of illegal retrenchment, reinstatement with 50% back wages granted by labour court held proper by HC.
Municipal Council vs. Chhotalal and Another. 2011 LLR 517 (Raj. HC)

When the dismissed chowkidar was detained in jail and could not get any job, 50% Back Wages instead of full would be appropriate as no able-bodied person can remain unemployed and might have worked to earn wages.
Nirmal Singh vs. Labour Court, Bhatinda and Others. 2011 LLR 768 ( P & H HC)

No grant of back-wages automatically on reinstatement.
Ram Kumar vs. Presiding Officer, Labour Court, Ambala & Ors. 2011 LLR 820 (P&H HC)

High Court affirmed the award of Labour Court holding retrenchment illegal under Section 25-F of Industrial Disputes Act, 1947 and the workmen will be entitled to full back-wages.
Aska Central Multipurpose Co-operative Society Ltd. vs. Their Workmen rep. by the Secretary, Aska Regional Employees' and Workers' Federation and Another. 2011 (III) LLJ 45 (Orissa HC)

After acquittal from criminal court, when employee is not permitted to join duty by employer, he will be entitlted to get back wages for the period, he was kept out without duty.
Inderjeet Singh vs. Delhi Transport Corporation. 2011 LLR 901 (Delhi HC)

On reinstatement, back wages is not a thumb rule. It lies with the court discretion.
Bhajabhai Danabhai Rabari & Ors. vs. State of Gujarat & Ors. 2011 LLR 903 (Guj. HC)

In the absence of any evidence of remaining unemployed throughout the period, awarding back wages on reinstatement till superannuation would be wrong and illegal.
Senior Regional Manager vs. C.G.I.T., Jabalpur and Another. 2011 LLR 941 (MP HC)

Even when the retrenchment was held to be illegal, reinstatement with 25% back wages instead of 50% would be proper.
Divisional Forest Officer, Forest Division, Rewa, M.P. and Another vs. Leelavati Yadav. 2011 LLR 494 (MP HC)

Income from agriculture land would not be taken as earning to adjust or deny back wages.
G.K. Pandey vs. Regional Director, International Airport Authority of India. 2011 LLR 1055 (Bom. HC)

No reinstatement with full back wages to employees who could not prove employer-employee relationship and infact were engaged for less than one hour every day in the morning for dusting and cleaning the bank premises.
The Saraswat Co-Op. Bank Limited vs. The Saraswat Co-Op. Bank Employees Union & Ors. 2011 LLR 1059 (Bom. HC)

Full Back Wages justified when termination effected without retrenchment compensation and workman was not gainfully employed.
1. Ram Chander, Peon vs. The Presiding Officer, Labour Court and Another. 2011 LLR 1217 (P&H HC)
2. Haryana Agricultural University vs. Presiding Officer, Industrial Tribunal-cum-Labour Court and Another. 2011 LLR 1218 (P&H HC)

Back Wages on reinstatement would be proper when the employee was dismissed solely on the basis of conviction by a criminal court and his conviction was set-aside by higher court.
Mohammed Abdur Raheem vs. State Bank of India and Another. 2011 LLR 1237 (Mad. HC)

Even when there is violation of sec. 25F of the ID Act, reinstatement with full or partial back wages is not
automatic. Compensation is such case is appropriate. International Tractors Ltd; Hoshiarpur & Anr.
vs. Presiding Officer, Labour Court, Jalandhar & Anr. 2011 LLR 406 (P&H HC)
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