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
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)