Supreme Court of India · 2018-09-20
RAJASTHAN STATE ROAD TRANSPORT CORPORATION JAIPUR vs PHOOL CHAND (D) THROUGH LRS.
- Citation / case number
- SC 2008/18738
- Court
- Supreme Court of India
- Petitioner
- RAJASTHAN STATE ROAD TRANSPORT CORPORATION JAIPUR
- Respondent
- PHOOL CHAND (D) THROUGH LRS.
- Author
- HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
- Bench
- HON'BLE MR. JUSTICE S. ABDUL NAZEER HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
Judgment text excerpt
The Supreme Court held that the Labour Court's award of full back wages to the deceased workman, Phool Chand, was not justified as a matter of right upon reinstatement after setting aside his dismissal. The Court clarified that a workman must prove lack of gainful employment post-dismissal to claim back wages, emphasizing that reinstatement does not automatically entitle one to full wages. Consequently, the Court modified the award to grant 50% back wages instead of full wages, thereby allowing the appeal in part.