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

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