GOPAL THAKERSHI Vs. M/S. DEEPAK SOLVENT PVT. LTD. AND ANOTHER
HIGH COURT OF GUJARAT
M/s. Deepak Solvent Pvt. Ltd. and Another
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MANKAD, J. -
(1.) As rightly held by the Labour Court normal rule as laid down by the Supreme Court is that full back wages should be awarded while ordering reinstatement, and if the workman was ready to work but kept away there from on account of invalid act of the employer there is no justification for not awarding him full back wages which are legitimately due to him. It is for the employer to establish the circumstances necessitating departure from the normal rule. In the present case the employer has failed to establish any circumstances which would justify denial of full back wages to the workman. The only ground on which the Labour Court has refused to award full back wages to the workman is that workman could have applied for job to the Employment Exchange and that there was no evidence to prove that he had made application to other employers. The reason given by the Labour Court for not awarding full back wages is far from convincing. It is proved by evidence on record that the workman was not" gainfully employed after his services were terminated by the employer. He is, therefore, entitled to the benefit of full back wages on his reinstatement.
Rule made absolute. ;
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