SUNDER DASS Vs. ASTHETIC EXPORTS PRIVATE LIMITED
LAWS(DLH)-1983-5-28
HIGH COURT OF DELHI
Decided on May 18,1983

SUNDER DASS Appellant
VERSUS
ASTHETIC EXPORTS PRIVATE LIMITED Respondents

JUDGEMENT

A.B.Rohatgi, J. - (1.)The question of award of backwages has been troubling the courts and the legislature. In what cases backwages must be awarded to the workman who is ordered by the Tribunal to be reinstated in service.
(2.)George Orwell once wrote, ''How right the working classes are to realise that the belly comes before the soul not in the scale of values but in point of time." One of the most important facts about life is that human beings cannot get on without food, clothing, and shelter. Most modern men regard it as the most important fact of all, and spend most of the waking hours of a brief lifetime in trying to deal with it.
(3.)These are the facts. The petitioner Sunder Dass was employed by the management of M;s, Asthetic Exports Pvt. Ltd., respondent No. I, as a machine man in their factory in printing section with effect from 16-10-1978 on a consolidated salary of Rs. 1100.00 per month as a permanent employee. Previously he was working in another factory. He left that service and joined Asthetic Exports Pvt. Ltd. As he was asked by this management to leave the previous concern and to join them they also gave Rs. 3000.00 as an advance and Rs. 850.00 as ex gratia payment to avoid loss caused to him by leaving his earlier employment.
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