Labour Law
Order of reinstatement—Denial of relief of back wages—Appeal—Even if a court passes an order of reinstatement in service, an order of payment of back-wages is not automatic, and it all depends on the facts and circumstances of the case—Considering the conduct of appellant of withdrawing the affidavit filed earlier and not raising contention of unemployment in the fresh affidavit, he cannot be granted the benefit of back wages for the entire period from the date of termination till reinstatement—It is not possible to accept that for the entire period of thirteen years, the appellant had no source of income—However, the respondent has not come out with the case that from the date of his removal from service, the appellant had another source of income—Amount of rupees three lakhs ordered to be paid to the appellant in lieu of back wages—Appeal allowed in part.
[Paras 7 to 9]