VidhiSangh

Supreme Court of India · 20/09/2018

THE MANAGEMENT OF REGIONAL CHIEF ENGINEER P.H.E.D. RANCHI versus THEIR WORKMEN REP. BY DISTRICT SECRETARY

[2018] 11 S.C.R. 759 · 2018 INSC 849

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Summary

The Supreme Court reduced the back wages awarded to 37 reinstated workmen from full wages to 50%. Reinstatement did not automatically entitle them to back wages, and neither party had pleaded or proved the material facts. Although the courts below had failed to apply the governing principles, the Supreme Court awarded half the back wages under Article 142 and directed verified payment within three months.

Issues

  1. Whether reinstatement following an unlawful dismissal justified full back wages without pleadings or evidence on gainful employment.

Provisions considered

Held

Result

Appeal partly allowed; full back wages reduced to 50%, payable after verification within three months. Reinstatement undisturbed.

Judgment PDF: Supreme Court of India, [2018] 11 S.C.R. 759.