Supreme Court of India · 2005-05-03
Allahabad Jal Sansthan vs Daya Shankar Rai & Anr
- Citation / case number
- AIR 2005 SUPREME COURT 2372
- Court
- Supreme Court of India
- Petitioner
- Allahabad Jal Sansthan
- Respondent
- Daya Shankar Rai & Anr
- Author
- S.B. Sinha
- Bench
- N. Santosh Hegde, S.B. Sinha
Judgment text excerpt
The Supreme Court held that the Labour Court's ex parte award granting full back wages to the Respondent was not justified as the Respondent failed to prove he was not employed elsewhere after termination. The Court emphasized that the Labour Court must consider various factors before awarding back wages, particularly in cases of temporary employment. The Court upheld the High Court's dismissal of the writ petition challenging the Labour Court's award, but clarified that full back wages are not an automatic entitlement upon reinstatement under Section 6-N of the U.P. Industrial Disputes Act, 1947.