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P. Karuppaiah (D) Through LRs. v. General Manager, Thiruvalluvar Transport Corporation Ltd.

Civil Appeal · 2017 INSC 1035Decided 12 Oct 2017
Civil Appeal No. 4160 of 2008
Justice R.K. Agrawal · Justice Abhay Manohar Sapre

Background

The appellant, a bus driver employed by the respondent transport corporation, was dismissed from service after being prosecuted for murder. He was convicted by the Sessions Court but later acquitted by the High Court, after which the employer reinstated him but refused to pay him back wages for the roughly five-year period he was out of service (21.07.1994 to 31.08.1999). His writ petition and subsequent appeal before the Madras High Court seeking those back wages were both dismissed, leading to this appeal before the Supreme Court.

Decision Breakdown

The Supreme Court held that an employee does not automatically become entitled to back wages merely because a dismissal is set aside and reinstatement follows; back wages must be separately proved by evidence that the employee was not gainfully employed during the relevant period, unless the reinstatement order itself expressly grants them. The Court found the appellant had not placed any such evidence on record, and noted the issue had been raised in a writ petition rather than before a Labour/Industrial Tribunal, where evidence could properly have been led. Applying the "no work, no pay" principle and finding no fault in the concurrent findings of the Single Judge and Division Bench, the Court dismissed the appeal, remarking that the appellant should be satisfied to have secured reinstatement at all given his past murder prosecution.

Lesson Learnt

Reinstatement after wrongful dismissal does not automatically entitle an employee to back wages: the employee must affirmatively prove, with evidence, that they were not earning elsewhere during the period of absence, and such factual disputes are best raised before a Labour Tribunal rather than only in a writ petition.

Official source (sci.gov.in)View Judgment (PDF)

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