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U.P. State Road Transport Corporation v. Zahid Hussain

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 5846 of 2014)Decided 30 Jun 2014
Civil Appeal No. 5846 of 2014
Justice T.S. Thakur · Justice C. Nagappan

Background

A transport corporation dismissed its driver on charges concerning absence, carrying passengers in a breakdown truck and misconduct while attending stranded vehicles. The Labour Court found the charges unproved and ordered reinstatement with continuity of service and full back wages, which the High Court upheld. The Supreme Court agreed to examine only the back wages.

Decision Breakdown

The Court reduced the back wages to 25% in the circumstances of this case. It took account of the driver's occupation and long service and considered that amount sufficient to meet the ends of justice. The reinstatement and continuity of service were unaffected because the appeal was confined to back wages. The award was modified accordingly.

Lesson Learnt

Reinstatement after an unlawful dismissal does not necessarily bring full wages for the entire period away from work. The amount can depend on the facts of the employee's case.

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

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