Case Note & Summary
The dispute arose from the termination of the respondent's service due to unauthorized absence from duty between February 15, 1984, and March 3, 1984. The respondent was later reinstated, and the Labour Court awarded full back wages, which was affirmed by the High Court. The appellants challenged this decision, leading to the Supreme Court's consideration of the case. The court noted that despite the respondent's reinstatement, the prolonged absence warranted a modification of the back wages awarded. The court ultimately decided to grant fifty percent of the back wages instead of the full amount, directing the appellants to pay this modified amount within four months. The appeal was disposed of without any order as to costs.
Headnote
A) Labour Law - Back Wages - Modification of Award - Industrial Disputes Act, 1947, Section Not mentioned - The court modified the award of the Labour Court and High Court, reducing the back wages to fifty percent due to the respondent's unauthorized absence from duty. The court directed the appellant to pay the modified amount within four months, noting that the respondent had already been reinstated. Held that partial payment was appropriate given the circumstances (Paras 4-5).
Issue of Consideration
Whether the respondent is entitled to full back wages or a modified amount.
Final Decision
The Supreme Court modified the award to grant fifty percent of back wages to the respondent instead of full back wages, directing payment within four months.
Law Points
- Modification of award
- Back wages
- Employment termination
- Reinstatement
