Supreme Court of India · 2018-09-20
THE MANAGEMENT OF REGIONAL CHIEF ENGINEER P.H.E.D. RANCHI vs THEIR WORKMEN REP. BY DISTRICT SECRETARY
- Citation / case number
- SC 2018/30368
- Court
- Supreme Court of India
- Petitioner
- THE MANAGEMENT OF REGIONAL CHIEF ENGINEER P.H.E.D. RANCHI
- Respondent
- THEIR WORKMEN REP. BY DISTRICT SECRETARY
- 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 award of full back wages to workmen under Section 25-F of the Industrial Disputes Act, 1947, is not an automatic right upon reinstatement. The Court modified the lower courts' decision, awarding only 50% back wages instead of full wages, emphasizing that a workman must prove lack of gainful employment post-dismissal to claim back wages. The appeal was allowed in part, modifying the earlier orders of the High Court and Labour Court.