Case Note & Summary
The case involved an appeal by the State of Haryana against a judgment of the High Court of Punjab and Haryana, which had ordered the payment of full back wages to the legal heirs of a deceased employee. The appeal arose from a Special Leave Petition concerning the High Court's decision made on 3rd May 2006 in C.W.P.No.5850 of 1989. The Supreme Court, upon reviewing the case, noted that the deceased respondent had not worked during the period in question. Consequently, the court concluded that the legal heirs should only receive 50% of the back wages instead of the full amount ordered by the High Court. The Supreme Court modified the previous order accordingly and disposed of the appeal without costs.
Headnote
A) Employment Law - Back Wages - Entitlement of Legal Heirs - Code of Civil Procedure, 1908 - The court modified the High Court's order directing full back wages to the legal heirs of the deceased respondent, determining that they were entitled to 50% of the back wages due to the respondent's non-employment during the relevant period. Held that the modification was necessary to reflect the actual circumstances of the case (Paras Not mentioned).
Issue of Consideration
Whether the legal heirs of the deceased respondent are entitled to back wages and to what extent.
Final Decision
The Supreme Court modified the High Court's order, granting the legal heirs of the deceased respondent 50% of the back wages instead of the full amount previously ordered.
Law Points
- Modification of High Court order
- Back wages entitlement
- Legal heirs' rights
