Petitioner sought enhancement of back wages from 25% to 50% granted by Labour Court after his reinstatement. Court held mere registration did not prove employment due to health factors and humiliation suffered. Enhanced award and disposed.
50% of the back wages directed to be paid to the petitioner.
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.
$~3
Through: Ms. Anubha Singh, Adv.
versus
D.T.C. & ANR. ..... Respondents
Through: Mr. Uday N. Tiwary and Mr. Utkarsh Tiwary, Advs. for R-1.
CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J (Oral)
“8. As regards back wages, it may be observed that workman has done no better than making an allegation that
WP (C.) 4765/2001
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he is unemployed since termination. He has not alleged that he made any efforts to find alternative employment. He did not enter the witness box to prove the efforts made by him. He has not alleged that he got himself registered with employment exchange. It cannot be believed that he would have sit idle through out the period of 12 years. The management is a public sector undertaking running into losses. In order to avoid unreasonable burden on the management, it would be fair to both the sides if 25% of back wages are granted. For this reliance may be placed 1998(10) LLN 311. The issue is decided accordingly.”
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WP (C.) 4765/2001
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6. The petition is disposed-off in the above terms.
NAJMI WAZIRI, J
FEBRUARY 11, 2020
RW
WP (C.) 4765/2001
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2 issues framed by the court
Whether the workman was entitled to 50% instead of 25% back wages considering his inability to prove gainful employment and registration with the Labour Chowk.
Whether registration with the employment exchange necessarily proves that a workman was gainfully employed during the pendency of the dispute.
RUMAL SINGH
D.T.C.
NAJMI WAZIRI
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
NAJMI WAZIRI
Parties & counsel
