Back wages a historic decision

The info is useful for employees.Thanks for posting.

The attachment could not be downloaded. Kindly attach again.

It   is     a    very  Good    information   for    the    employees  &    it   will   be     a   guideline    to   others   in   this   club.

This is an outdated case and is no more good law.In number of later cases Hon. Appex court and various High Courts have held that back wages are not automatic.Employee has to plead and then prove that inspite of efforts he was unable to get employment and then onus shifts to employer to prove gainful employment.

I agree with Shri Gopal Soni,but we all know that labour law is not codified law.It is dynamic and is mostly judge made law.Earlier judicial thinking about burden of proof for claiming back wages has changed drastically since 2005.Now as per latest judgements it is for workman to plead and prove unemployment to claim backwages and then the onus shifts to employer for rebuttal.The following cases are illustrative.

1. U.P.State Brassware corpn. vs.Udai Narain Pandey Supreme Court (decided on8/12/2005).

2. Novartis India Ltd. vs. State of West Bengal Supreme court (decided on 2/12/2008)

Of course there are many more cases by various High Courts following Supreme Court.