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september 2018

Supreme Court of India · 2018-09-20

Rajasthan State Road Transport ... vs Phool Chand (D) Through Lrs.

Citation / case number
AIR 2018 SUPREME COURT 4534
Court
Supreme Court of India
Petitioner
Rajasthan State Road Transport ...
Respondent
Phool Chand (D) Through Lrs.
Author
Abhay Manohar Sapre
Bench
S. Abdul Nazeer, Abhay Manohar Sapre

Judgment text excerpt

The Supreme Court held that the award of full back wages to a workman upon reinstatement is not an automatic right, as established under Section 11A of the Industrial Disputes Act, 1947. The Court modified the lower courts' decisions by awarding only 50% of back wages, emphasizing that the workman must prove lack of alternative employment to claim full wages. The appeal was allowed in part, modifying the previous orders of the High Court and Labour Court regarding back wages.

Rajasthan State Road Transport ... vs Phool Chand (D) Through Lrs. · Niyam