Supreme Court of India

The Management of Regional Chief Engineer P.H.E.D. Ranchi v. Their Workmen Rep. by District Secretary

Neutral citation
Bench Abhay Manohar Sapre and S. Abdul Nazeer JJ.
Decided 20 September 2018

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

From the headnote

Labour Laws: Back wages – When can be claimed – Courts below awarded full back wages directing reinstatement of the workmen – Held: workman has no right to claim back wages if he has been reinstated – It is necessary for the workman to plead and prove that he was not gainfully employed – Employer is also entitled to prove otherwise – However, initial burden is on the workman – Direction of courts below to award full back wages has caused prejudice to the employer – In exercise of jurisdiction u/Art. 142 of the Constitution, in the interest of justice, 50% of total back wages is awarded…

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