Supreme Court of India · 2017-10-12
P. KARUPPAIAH (D) THROUGH LRS. vs GENERAL MANAGER, THIRIUVALLUVAR TRANSPORT CORPORATION LTD..
- Citation / case number
- SC 2007/25587
- Court
- Supreme Court of India
- Petitioner
- P. KARUPPAIAH (D) THROUGH LRS.
- Respondent
- GENERAL MANAGER, THIRIUVALLUVAR TRANSPORT CORPORATION LTD..
- Author
- HON'BLE MR. JUSTICE R.K. AGRAWAL
- Bench
- HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE HON'BLE MR. JUSTICE R.K. AGRAWAL
Judgment text excerpt
The Supreme Court upheld the High Court's decision denying back wages to the appellant for the period from 21.07.1994 to 31.08.1999, following his reinstatement after acquittal in a murder case. The Court established that an employee is not entitled to back wages as a matter of right upon reinstatement unless explicitly ordered, and the burden of proof lies on the employee to demonstrate lack of gainful employment during the dismissal period. The appeal was dismissed, affirming the lower courts' rulings.