Question

What benefits can be granted when the workmen cannot be reinstated with back wages?

Answer 1

Back wages on reinstatement — Suspension and

termination of services of school teacher – Declared by

Tribunal as illegal – Reinstatement – Award of full back

wages, set aside by High Court – Held: High Court committed

grave error by interfering with the order passed by Tribunal

for payment of back wages, ignoring that the charges levelled

against appellant were frivolous and the inquiry was held in

gross violation of the rules of natural justice — Impugned

order set aside and order passed by Tribunal restored —

Management shall pay full back wages to appellant.

Award of back wages, when termination of employee

found to be illegal – Principles culled out – Labour law –

Industrial Disputes Act, 1947 – s.11-A – Back wages.

Maharashtra Employees of Private Schools (Conditions

of Service) Act, 1977:

Objects of the Act – Explained.

Maharashtra Employees of Private Schools (Conditions

of Service) Rules, 1981:

r.34 – Suspension of employee – Entitlement to

subsistence allowance