REINSTATEMENT WITH FULL BACK WAGES NOT TO BE A MECHANICAL PROCEDURE

REINSTATEMENT WITH FULL BACK WAGES NOT TO BE A MECHANICAL PROCEDURE

In cases relating to termination of labour, where such termination is evidently illegal, awarding of reinstatement with full back wages by Courts should not be a merely mechanical exercise and the same shall be done considering the circumstances of the case. The same was held by the Supreme Court in District Development Officer & Anr. vs. Satish Kantilal Amrelia.[1] In the order dated 28.11.2017, the court reasoned that same by considering daily wage workers, who…

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Is salary payable on a ‘Bandh’ day ?

Is salary payable on a ‘Bandh’ day ?

Despite  the  Supreme Court placing a ban on Bandhs, incidents of Bandhs in India are far too common. The question therefore is; when Bandh is declared by political parties, yet the employees are willing to work or report to work, is the management required to pay them wages if they are not provided with work. During the period of agitation , entire operations are paralysed and work comes to a grinding halt. Under such circumstances,…

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