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may 2005

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.

Allahabad Jal Sansthan vs Daya Shankar Rai & Anr · Niyam