The Telangana High Court has observed that in case of wrongful termination, the reinstatement of employee with continuity of service and back wages is the norm and cannot be denied.
The Chief Justice Satish Chandra Sharma and Justice Abhinand Kumar Shavili while adjudicating upon an appeal affirmed a single-judge order uphelding Industrial Tribunal's decision whereby it directed reinstatement of the petitioner with 50% back wages.
In the petition filed under Section 2A(2) of the Industrial Disputes Act 1947, the Industrial Tribunal, after scanning the entire evidence, had set aside the order of punishment and directed reinstatement of the workman into service with 50% backwages.
Dissatisfied with only 50% back wages, the appellant filed writ petition which was dismissed. In the impugned order, the single-judge placed reliance on Deepali Gundu Surwase Vs. Kranti Junior Adhyapak Mahavidyalaya (D.Ed.) and others, 2013 Latest Caselaw 542 SC, Raghubir Singh Vs. General Manager, Haryana Roadways, Hissar, 2014 Latest Caselaw 544 SC, Hindustan Tin Works Pvt. Ltd. Vs. Employees of Hindustan Tin Works Pvt. Ltd., 1978 Latest Caselaw 157 SC, Surendra Kumar Verma Vs. The Central Government Industrial Tribunal Cum-Labour Court, 1980 Latest Caselaw 186 SC,
The Court noted that Industrial Tribunal has rightly held that the appellant was not guilty of the charges levelled against him which was later affirmed by the single-judge of the High Court as well.
Case Details: W.A.No.977 of 2017
Coram: Chief Justice Satish Chandra Sharma and Justice Abhinand Kumar Shavil
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