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M R Shaikh (Law Student)     23 September 2013

Reinstatement & back wages

Respected Sir, In a case where govt employee was terminated illegally and the Later the Hon'ble CAT,Principle Bench,Delhi order " The Applicant shall be reinstated in service with consequential benefits of seniority, pay fixation and promotion. He will, however, not be paid back wages for the period he has not actually worked" In this case the Tribunal did mentioned that he will not be able to get back wages..now the question is that applicant was terminated illegally by the department with out following the government rule & procedure,The applicant was out of service for the three with out being his fault. Now my question is that can applicant file a case in High court only challenging the back wages does any high court or supreme court ruling will help him getting the compensation for the his loss. or he can get back wages for the period."



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 3 Replies

Kolla Gangadhar (Practicing Advocate since 1986)     23 September 2013

The Applicant was illegally terminated  from Service, CAT. set aside order of termination of Applicant  but without back wages for the period actually he did not work . You file W.P. in the High Court against CAT. order  for Back wages.

VIRAJ KADAM (Advocate Supreme Court of India)     23 September 2013

Dear Friend If the CAT has refused you to grand back wages then your remedy is High Court. Now, I hope you have raised this issue at the time of argument. If this issue was not raised by you, then CAT would not grant you the same suo moto. Regards VIRAJ KADAM Advocate, Supreme Court of India

T. Kalaiselvan, Advocate (Advocate)     23 September 2013

If the applicant was proved to have been illegally terminated from service by the CAT and that the forum has held that the action for termination of the applicant is in no way due to any mis-deed of the employee, on the basis of this findings by the court, a strong application can be  drafted seeking the relief of back wages which may hopefully attract discretionary observations and a respite thereon.


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