A writ petition under Article 226 challenging an award of back wages to a workman. The court held that since the workman was a daily wager and reinstated after the award, back wages were not proper and set aside the award.
The award of back wages by the impugned order is set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN_THE HIGH COURT OF CHHATTISGARH JUDICATURE AT BILASPUR ' ii<%737 107
PETITIONER State of Chhattisgarh, Through: Executive Engineer, Department of Water Resources, Village - Aandi, Tahsil - Chhuikhadan, 1 o}:..-^,.^ -^cS^-^ District - Rajnandgaon (C.G.) ><"/v..--"" ./••""N-:'..!l';t"^AJ..<t7"' 1 VERSUS (^' ..-•'' ^y ^tf RESPONDENT Bohran, S/o - Shri Chimraan, R/o - Village - Aandi, Tahsil - Dongargarh, District - Rajnandgaon (C.G.)
WRIT UNDER ARTICLE 22'LOF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT OR WRITS IN THE NATURE OF CERTIORARI MANDAMUS ETC.
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HIGH COURT OF CHHATTISGARH : BILASPUR W.P.rUNo.4737of2007
PETITIONER State of Chhattisgarh Versus
RESPONDENT • Bohran
Single Bench : Hon'ble Shri Justice Prashant Kumar Mishra
Present:Shri Shashank Thakur, Government Advocate for the State/petitioner.
None for the respondent, despite service of notice.
ORAL ORDER
(Passed on this 8th day ofJuly, 2014)
Heard learned counsel for the parties.
t^'
Sd/Misbra prasbantKumar Judge
2 issues framed by the court
Whether the grant of 15% back wages to a daily wager is lawful when reinstatement was not regularized.
Whether the award of back wages defeats settled law principles regarding illegal retrenchment.
1 provisions across 1 enactments
State of Chhattisgarh
Bohran
Prashant Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
