Supreme Court · 2018 INSC 849 · Decided 20 September 2018
The Management of Regional Chief Engineer P.H.E.D. Ranchi v. Their Workmen REP. BY District Secretary
- Court
- Supreme Court of India
- Citation
- 2018 INSC 849 · [2018] 11 S.C.R. 759
- Case number
- CIVIL APPEAL No. 9832/2018
- Decided
- 20 September 2018
- Bench
- ABHAY MANOHAR SAPRE, S. ABDUL NAZEER (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 142; Industrial Disputes Act Section 25F
Headnote
Labour Laws: Back wages - When can be claimed - Courts below awarded full back wages directing reinstatement of the workmen - Held: A workman has no right to claim back wages if he has been reinstated - It is necessary for the workman to plead 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
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