Supreme Court of India · 2005-05-03
ALLAHABAD JAL SANSTHAN vs DAYA SHANKAR RAI
- Citation / case number
- SC 2003/20258
- Court
- Supreme Court of India
- Petitioner
- ALLAHABAD JAL SANSTHAN
- Respondent
- DAYA SHANKAR RAI
- Author
- S.B. SINHA
- Bench
- S.B. SINHA N. SANTOSH HEGDE
Judgment text excerpt
The Supreme Court addressed the issue of entitlement to full back wages under the U.P. Industrial Disputes Act, 1947, specifically referencing Section 6-N. The Court held that while reinstatement is warranted when termination is found illegal, the grant of full back wages is not automatic and must consider the specific circumstances of each case. The appeal was allowed in part, emphasizing that the Labour Court must evaluate factors such as the employee's employment status during the period of termination before deciding on back wages.