Case Note & Summary
The case involved an appeal by Upekshit Samaj Kalyan Samiti against a judgment from the High Court of Judicature at Bombay, which upheld the decision of the School Tribunal to reinstate the respondent, who had been dismissed. The Supreme Court granted leave and reviewed the findings of the lower tribunals, which confirmed that the respondent's appointment was against a permanent vacancy and that he had completed his probation period, thus deeming his services confirmed. The court found no grounds for interference under Article 136 of the Constitution, as there was no perversity in the lower tribunals' findings. However, the court modified the order regarding back wages, determining that since the respondent had not worked during the period of dismissal, he was entitled to only 50% of the back wages instead of the full amount. The appeal was disposed of with this modification, and no costs were awarded.
Headnote
A) Employment Law - Reinstatement and Back Wages - Modification of Back Wages - Article 136 of the Constitution - The court held that while the respondent was entitled to reinstatement, he should only receive 50% of the back wages due to not having worked during the period. The findings of the lower tribunals were upheld, confirming the respondent's appointment against a permanent vacancy and completion of the probation period (Paras 3-4).
Issue of Consideration
Whether the appellant should be required to pay full back wages to the respondent upon reinstatement.
Final Decision
The Supreme Court modified the order of the lower tribunals, granting reinstatement to the respondent but limiting back wages to 50% due to non-work during the dismissal period.
Law Points
- Article 136 of the Constitution
- reinstatement
- back wages
- probation period
- confirmation of service
