The Chairman, Gwalior Development Authority & Anr. v. Sandeep Tiwari & Anr.

November 26, 2021

Civil Appeal No. 6553 of 2015

A. Labour Law — Reinstatement/Back Wages — Back wages, when permissible — Where respondent was appointed without following any procedure of law — Held, respondent not entitled to payment of back wages — Therefore, 50% back wages granted to the respondents by high court, set aside

B. Courts, Tribunals and Judiciary — Judicial Process — Exercise of power — Reasons — Where, high court failed to give reasons while granting 50% backwages to the respondents — Directions given by the High Court regarding payment of back wages, set aside

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(Anil R. Dave and Adarsh Kumar Goel, JJ.)

The Chairman, Gwalior Development Authority & Anr. __ Appellant(s)

Sandeep Tiwari & Anr. ____________________________ Respondent(s)

Civil Appeal No. 6553 of 2015, decided on August 24, 2015

[Arising out of SLP (C) No. 6737/2012]

With

Civil Appeal No. 6554/2015 @ SLP (C) No. 8942/2012

The Judgement of the court was delivered by

Anil R. Dave, J.:—

1. Heard the learned counsel.

2. Leave granted.

3. We see no justifiable reason warranting payment of backwages to the respondents, who were appointed without following any procedure of law and moreover, the High Court has not assigned any reason for which 50% backwages have been granted to the respondents. In the circumstances, the directions given by the High Court regarding payment of backwages is set aside.

4. The appeals are allowed with no order as to costs.

5. Pending application, if any, stands disposed of.

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