Case Note & Summary
The petitioner, Veronica Kashinath Pandit, was a workman employed by Shri Sai Baba Sansthan Vishwastha Vyavastha. She was terminated on 9.6.2011 (effective 13.6.2011) for pursuing higher education (M.Sc. Nursing) without management permission. She challenged her termination in Reference IDA No.61/2014. The Labour Court set aside the termination and ordered reinstatement with continuity of service but denied back wages. The management challenged the reinstatement in Writ Petition No.11463/2018, which was dismissed by the High Court on 16.10.2018, sustaining the award on that point. The petitioner then filed the present writ petition challenging the denial of back wages. The respondent management argued that the petitioner was not entitled to back wages as she was gainfully employed during the termination period. The petitioner admitted in her cross-examination (paragraph 22 of the award) that she was working as a Lecturer at Supriya Didi Suley College of Nursing, Wadala, and had even filed a writ petition regarding approval of her appointment. The High Court held that back wages are not automatic upon reinstatement; the workman must prove she was not gainfully employed. Since the petitioner admitted to working, she was not entitled to back wages. The petition was dismissed.
Headnote
A) Industrial Dispute - Back Wages - Reinstatement - Workman challenged termination and was reinstated with continuity but denied back wages - Court held that back wages are not automatic and workman must prove she was not gainfully employed - Since petitioner admitted working as lecturer during termination period, she is not entitled to back wages (Paras 2-5).
Issue of Consideration
Whether the petitioner workman is entitled to back wages after reinstatement when she was gainfully employed during the period of termination.
Final Decision
The writ petition is dismissed. The impugned award denying back wages is upheld.
Law Points
- Back wages not automatic upon reinstatement
- burden on workman to prove unemployment
- gainful employment disentitles back wages
Case Details
2019 LawText (BOM) (07) 18
Writ Petition No.9047 of 2019
Mr. P.V. Barde for petitioner, Mr. N.R. Bhavar for respondent
Veronica Kashinath Pandit
Shri Sai Baba Sansthan Vishwastha Vyavastha
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Nature of Litigation
Writ petition challenging denial of back wages in an industrial award
Remedy Sought
Petitioner sought back wages from the date of termination till reinstatement
Filing Reason
Petitioner was terminated for pursuing higher education without permission; Labour Court reinstated her but denied back wages
Previous Decisions
Labour Court Award dated 26.6.2018 in Reference IDA No.61/2014 set aside termination, ordered reinstatement with continuity but denied back wages. Management's writ petition No.11463/2018 challenging reinstatement was dismissed on 16.10.2018.
Issues
Whether the petitioner is entitled to back wages after reinstatement when she was gainfully employed during the termination period.
Submissions/Arguments
Petitioner argued that she was entitled to back wages as she was reinstated with continuity of service.
Respondent argued that petitioner admitted to working as a lecturer during the termination period, thus not entitled to back wages.
Ratio Decidendi
Back wages are not automatic upon reinstatement; the workman must prove she was not gainfully employed. Since the petitioner admitted to working during the termination period, she is not entitled to back wages.
Judgment Excerpts
The petitioner is aggrieved, partly, by clause No.3 of the Award dated 26.6.2018, by which the Trial Court has declined back wages to the petitioner.
The petitioner admitted that, she was working as a Lecturer in the Supriya Didi Suley College of Nursing at Wadala.
Procedural History
Petitioner was terminated on 9.6.2011. She challenged termination in Reference IDA No.61/2014. Labour Court passed Award on 26.6.2018 setting aside termination, ordering reinstatement with continuity but denying back wages. Management filed Writ Petition No.11463/2018 challenging reinstatement, which was dismissed on 16.10.2018. Petitioner then filed present Writ Petition No.9047/2019 challenging denial of back wages.
Acts & Sections
- Industrial Disputes Act, 1947:
