Supreme Court · 2008 INSC 1383 · Decided 2 December 2008

Novartis India LTD v. State of West Bengal and Ors

Court
Supreme Court of India
Citation
2008 INSC 1383 · [2008] 16 S.C.R. 918
Case number
CIVIL APPEAL No. 7011/2008
Decided
2 December 2008
Bench
S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Evidence Act; Constitution Article 142

Headnote

+ ·~ ' Labour laws: I r c Back wages - Grant of- Entitlement - Held: Back wages f cannot be granted automatically upon setting aside an order I of termination -1t would depend on the fact situation obtaining in each case - Burden of proof is on workman that he remained unemployed - Once the D burden would shift on to the employer to show that workman was gainfully employed - On facts, workmen deposed that they remained unemployed - Award of re-instatement in i service was denied to them as meanwhile they had attained r age of superannuation - Jn such situation, back wages

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