Delay in Test Identification & Absence of Motive Fatal to Prosecution: Allahabad High Court Acquits Man for Murder Tokre Koli or Dhor Koli – Both Stand on Same Legal Footing: Bombay High Court Slams Scrutiny Committee for Disregarding Pre-Constitutional Records Consent Is No Defence When Victim Is Under 16: Delhi High Court Upholds Rape Conviction Granting Pre-Arrest Bail in Minor Rape Cases Would Send a Harmful Societal Signal: Delhi High Court Refuses Anticipatory Bail to Accused Citing POCSO’s Rigorous Standards Void Marriage No Shield Against Cruelty Charges: Karnataka High Court Affirms Section 498A Applies Even In Deceptive and Void Marital Relationships Consolidation Authorities Cannot Confer Ownership Or Alter Scheme Post Confirmation Without Due Process: Punjab & Haryana High Court Reaffirms Civil Court’s Jurisdiction Over Void Post-Scheme Orders Litigation Policy is Not Law, Can’t Enforce Guidelines Through Courts: Rajasthan High Court Refuses to Entertain Quo Warranto Against Additional Advocate General’s Appointment Police and Lawyers Are Two Limbs of Justice System: Rajasthan High Court Takes Suo Motu Cognizance in Police Misconduct Incident Sole Testimony, Forensic Gaps, and Withheld Witness: No Conviction Possible: Delhi High Court Affirms Acquittal in Murder Trial Remand Keeps the Dispute Alive – Not Arrears: Bombay High Court Holds SVLDRS Relief Must Be Computed Under Litigation Category Use of ‘Absconding’ in Employment Context Not Defamatory Per Se, But A Privileged Communication Under Exception 7 of Section 499 IPC: Allahabad High Court Daughter’s Right Extinguished When Partition Effected Prior to 2005 Amendment: Madras High Court Trial Courts Cannot Direct Filing of Challan After Conviction — Punjab & Haryana High Court Quashes Directions Against DSP Veer Singh Rule 4 Creates Parity, Not a Parallel Pension Pipeline: Rajasthan High Court Denies Dual Pension to Ex-Chief Justice Serving as SHRC Chairperson Right to Be Heard Must Be Preserved Where Claim Has a Legal Basis: Orissa High Court Upholds Impleadment of Will Beneficiary in Partition Suit Long-Term Ad Hocism Is Exploitation, Not Employment: Orissa High Court Orders Regularization Of Junior Typist After 25 Years Of Service PIL Cannot Be a Tool for Personal Grievances: Supreme Court Upholds Municipal Body’s Power to Revise Property Tax After 16 Years Omission of Accused’s Name by Eyewitness in FIR is a Fatal Lacuna: Supreme Court Acquits Man Convicted of Murder Correction In Revenue Map Under Section 30 Isn’t A Tool To Shift Plot Location After 17 Years: Supreme Court Quashes High Court’s Remand Casteist Abuses Must Be In Public View: Supreme Court Quashes SC/ST Act Proceedings Where Alleged Insults Occurred Inside Complainant’s House Resignation Bars Pension, But Not Gratuity: Supreme Court Draws Sharp Line Between Voluntary Retirement and Resignation in DTC Employee Case Patta Without SDM’s Prior Approval Is Void Ab Initio And Cannot Be Cancelled – It Never Legally Existed: Allahabad High Court Natural Guardian Means Legal Guardian: Custody Cannot Be Denied to Father Without Strong Reason: Orissa High Court Slams Family Court for Technical Rejection Affidavit Is Not a Caste Certificate: Madhya Pradesh High Court Sets Aside Zila Panchayat Member's Election for Failing Eligibility Under OBC Quota Confession Recorded By DCP Is Legally Valid Under KCOCA – Bengaluru DCP Holds Rank Equivalent To SP: Karnataka High Court Difference of Opinion Cannot End in Death: Jharkhand High Court Commutes Death Sentence in Maoist Ambush Killing SP Pakur and Five Policemen Mere Presence Of Beneficiary During Execution Does Not Cast Suspicion On Will: Delhi High Court Litigants Have No Right to Choose the Bench: Bombay High Court Rules Rule 3A Is Mandatory, Sends Writ to Kolhapur Testimony Must Be of Sterling Quality: Himachal Pradesh High Court Acquits Grandfather in Rape Case, Citing Unnatural Conduct and Infirm Evidence Cheating and Forgery Taint Even Legal Funds: No Safe Haven in Law for Laundered Money: Bombay High Court Final Maintenance Is Not Bound by Interim Orders – Section 125 Determination Must Be Based on Real Evidence: Delhi High Court

Employee Rights: Back Wages Granted in Termination Case: P&H HC

07 May 2024 8:19 AM

By: Admin


In a significant legal victory, the Punjab and Haryana High Court, in a judgment delivered by HON'BLE MR. JUSTICE KARAMJIT SINGH on 29th September 2023, ruled in favor of an employee, Mr. Rishi Ram, in a case concerning the termination of his services by the Punjab State Transport Department.

The judgment, rendered in RSA-1533-1992, examined the circumstances surrounding Mr. Rishi Ram's dismissal from his position. His services were terminated in 1984, and he subsequently filed a civil suit to challenge the termination and seek various consequential benefits, including back wages.

The court found that the department had terminated Mr. Rishi Ram's services without following the proper procedures, ultimately leading to the order of termination being set aside by the trial court in 1991. However, the trial court did not grant back wages for the period Mr. Rishi Ram remained absent from duty.

The pivotal issue in this case was whether Mr. Rishi Ram was entitled to back wages for the period of his absence from duty. The first appellate court had granted back wages, a decision that the State government appealed.

HON'BLE MR. JUSTICE KARAMJIT SINGH, in his judgment, stated, "The only issue involved in the present appeal is as to whether the respondent was entitled to get back-wages for the period he remained absent from duty." The court cited the principle that in cases of wrongful or illegal termination of service, the wrongdoer is the employer, and there is no justification to relieve the employer of the burden to pay the employee his dues in the form of back wages.

The judgment emphasized that there was nothing on record to suggest that Mr. Rishi Ram was gainfully employed elsewhere during the period of his dismissal. As a result, the court upheld the decision of the first appellate court, granting back wages for the relevant period.

This judgment reinforces the importance of due process in employment terminations and highlights the responsibility of employers to adhere to proper procedures. It also underscores the significance of providing back wages to employees in cases of wrongful or illegal termination.

Mr. Rishi Ram's legal counsel, Ms. Navroop Jawanda and Mr. Puneet Jindal, expressed satisfaction with the judgment. They stated that the court's decision aligns with principles of justice and employee rights.

The State government, represented by Mr. Vinay Kumar Gupta, AAG, Punjab, had contested the case but did not succeed in overturning the lower court's ruling. The judgment, which is seen as a significant victory for employee rights, is expected to have a far-reaching impact on similar cases in the future.

Date of Decision: 29.09.2023

STATE OF PUNJAB vs SH. RISHI RAM

Latest Legal News