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by Admin
07 May 2024 2:49 AM
In a significant ruling, the Supreme Court of India has granted back wages to a conductor who was unlawfully terminated from service by the Delhi Transport Corporation. The appellant, Ramesh Chand, had been accused of collecting fares without issuing tickets but was subsequently found not guilty by the Labour Court. However, the appellant's claim for back wages had been denied by the lower courts.
Delivering the judgment, Justice Abhay S. Oka stated, "The fact whether an employee after dismissal from service was gainfully employed is something which is within his special knowledge. It is a negative burden on the employee to come out with the case that he was not gainfully employed after the order of termination." The Court emphasized that the appellant had successfully established his unemployment until a certain date and that the respondent had failed to provide any evidence to the contrary.
Considering the circumstances, the Supreme Court ordered the Delhi Transport Corporation to pay Rs. 3 lakhs to the appellant as back wages within two months. Justice Oka further added, "It all depends on the facts and circumstances of the case...the appellant cannot be granted the benefit of back wages for the entire period from the date of termination till reinstatement." The Court also clarified that if the payment was not made within the stipulated time, it would accrue interest at a rate of 9% per annum from the date of the appellant's reinstatement.
This judgment highlights the importance of the burden of proof in cases of wrongful termination and the entitlement to back wages. It establishes that the burden lies with the employee to prove their unemployment and that specific assertions made in the proceedings, backed by evidence, can play a crucial role in determining the outcome.
Date of Decision: July 5, 2023
Ramesh Chand vs Management of Delhi Transport Corporation
[gview file="https://lawyer-e-news.com/wp-content/uploads/2023/07/05-Jul-2023-Ramesh-Chand-Vs-DTC.pdf"]
