Full back wages are not automatic after illegal termination; relief depends on evidence of unemployment and reasoned discretion.

Full back wages do not automatically follow an illegal termination or reinstatement order; entitlement depends on a fact-specific exercise of discretion, including whether the workman was gainfully employed during the intervening period and whether the record supports such relief. Where the Labour Court has assessed the evidence and declined full back wages on a reasoned basis, appellate or writ interference requires cogent reasons grounded in the factual material. On the facts, the workman produced no material to show unemployment during the long interregnum, so the denial of full back wages was upheld in principle and partial back wages were considered appropriate.

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Issues: Whether full back wages could be granted to a workman whose termination was held illegal, and whether the High Court was justified in modifying the Labour Court's discretionary denial of full back wages without examining the factual foundation.

Analysis: The relief of back wages is not automatic on a declaration that termination is illegal. The discretion under the industrial law framework must be exercised on the facts of each case, including whether the workman was gainfully employed during the period out of service and whether the record supports a direction for full back wages. Where the Labour Court has applied its mind to the evidence and exercised discretion, an appellate or writ court can interfere only on cogent reasons based on the factual material. In the present case, the workman had not produced material to show unemployment during the long interregnum, and the Labour Court had declined full back wages after assessing the evidence.

Conclusion: The High Court was not justified in granting full back wages. The proper relief was partial back wages, and the workman was held entitled to 50% of the back wages from termination till reinstatement.

Ratio Decidendi: Full back wages do not follow mechanically from an illegal termination or reinstatement order and depend on a fact-specific, judicial exercise of discretion supported by evidence.

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