gunsha (n/a) 01 September 2007

Legal

Hi

Please advise on following:-

Is an individual who has been reinstated in service to complete the inquiry as per rules and regulations applicable to him and yet to be exonerated on charges of misconduct by the departmental inquiry which is in progress, admissible back wages and increments for the period when he remained dismissed?

Is there any case law on no work no pay?

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6 Replies

yedhash (n/a) 02 September 2007

It all depends ultimately on the result of the enquiry. Ultimately if it is found that the charges against him are bad, then he is certainly entitled to backwages as his termination is found to be unjustifiable.

sharmila (n/a) 02 September 2007

Latest Supreme Court cases dealing in backwages

Divisional Controller, N.E.K.R.T.C. Versus H. Amaresh - 2006 (4) CTC 345

Ranjit Singh Versus Union of India & Others - 2006 (4) SCJ 710

yedhash (n/a) 02 September 2007

Thanks Sharmila. But the point is whether backwages can be denied while re-instating. I feel that only in cases where the workman is gainfully employed during the period when he was out of service, backwages would be denied.

mmn (n/a) 02 September 2007

I agree with what Yedash has said but I would like to add that the back wages can be paid to the applicant only if he is not re-employed for that period.

Adv. Murtaza Najmi, Mumbai.