Punjab & Haryana High Court, Chandigarh
Citation(1985) 4 SCC 43
CourtSupreme Court of India
Date18 September 1985
Year1985
BenchO. Chinnappa Reddy, V. Khalid JJ.
Acts/ArticlesArticle 14, Article 311
CategoryHaryana-Specific, Service & Employment Law

Key Principle Established

When dismissal is set aside by court, the employee is entitled to reinstatement with full back wages and continuity of service. The burden is on the employer to prove that back wages should not be paid.

Brief Facts

A Haryana government employee whose dismissal was set aside by the court sought reinstatement with full back wages and continuity of service. The State argued for limited back wages.

Ratio Decidendi

The Court held that when dismissal is set aside as illegal, the natural consequence is reinstatement with full back wages unless the employer can demonstrate valid reasons for denying full wages. The employee is deemed to have been in continuous service, and all consequential benefits including seniority and promotion eligibility must be restored.

Impact & Significance

This Haryana-origin judgment establishes the default rule on back wages after wrongful termination — full back wages are the norm, and the employer bears the burden to justify any reduction.

Tags & Related Topics

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Disclaimer

This judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).

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