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may 2005

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.

ALLAHABAD JAL SANSTHAN vs DAYA SHANKAR RAI · Niyam