In a landmark decision by the Delhi High Court, full back wages have been awarded to the employee in the case involving the HoS and the Delhi School Education Department. The court’s ruling establishes a significant precedent in the realm of labor rights and justice.
Facts
- HoS filed a false complaint against the petitioner after 6 years of service.
- Petitioner filed a contempt petition due to non-payment of costs and back wages.
- Back wages for a specific period were directed to be paid, but denied for another period.
- Petitioner was denied continuity of service and full back wages by the Delhi School Education department.
- Consequential benefits were also denied to the petitioner.
- Petitioner’s father-in-law became a witness in a CBI raid against the HoS, leading to grudges.
Analysis
- Employee’s entitlement of back wages in cases like the present one is established
- Petitioner claimed entitlement to full back wages from date of dismissal till reinstatement
- Court’s previous judgments support the petitioner’s entitlement to back wages
- It is not an absolute rule that court directions on consequential benefits can be ignored
- Authorities must comply with court directions even if confirmed by the Apex Court
- Reinstatement of an employee, following a finding of illegality by a competent judicial body, entitles the employee to claim full back wages.
- Superior courts should not interfere with the award of Labour Court in such cases unless there are exceptional circumstances.
- Factors like length of service, nature of misconduct, and financial condition of the employer should be considered when deciding on back wages.
- The burden of proof lies on the employer to show that the employee was gainfully employed during the period of deprivation.
- Full back wages are the norm in cases of wrongful termination, but discretion may be exercised based on various factors.
- Delays in litigation should not penalize the employee, and the employer’s wrongdoing should not be rewarded.
- The principle of ‘no work no pay’ may not apply if the termination was illegal and the employee was willing to continue in service.
- The judgement of the Hon’ble Supreme Court in Deepali Gundu Surwase and other relevant cases support the entitlement of full back wages in certain circumstances.
- The appellant Board’s contention was deemed unsubstantiated and rejected.
- The petitioner was directed to be reinstated by the Tribunal on 22.04.2019
- No favorable stay or restraint orders were obtained by the respondent to prevent petitioner’s reinstatement.
- The respondent was obligated to reinstate the petitioner as there were no restraints on the Tribunal’s orders.
- The petitioner was not disentitled from rendering services during this period of reinstatement.
- The petitioner was deprived of the opportunity to render services, hence entitled to pay, salary, and allowances.
Decision
- The impugned orders dated 22.04.2019, 18.09.2019 and 22.09.2021 are quashed and set aside.
- Payment of arrears to be made within two weeks, with interest of 6% per annum for any delay.
- Respondents directed to calculate and process payments within six weeks.
- Petitioner entitled to all benefits and full back wages from 31.10.2016 till 28.07.2017.
- Disentitlement of petitioner for back wages during 31.10.2016 till 20.07.2017 is quashed.
Case Title: MANISHA SHARMA Vs. VIDYA BHAWAN GIRLS SENIOR SECONDARY SCHOOL & ANR. (2024:DHC:4034)
Case Number: W.P.(C)-4217/2022
