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of <h1>Supreme Court: Back wages not automatic with reinstatement. Specific order needed for payment.</h1> <h3>A.P.S.R.T.C. & Anr. Versus B.S. David Paul</h3> A.P.S.R.T.C. & Anr. Versus B.S. David Paul - 2006 AIR 961, 2006 (1) SCR 1001, 2006 (2) SCC 282, 2006 (2) JT 149, 2006 (2) SCALE 110 Issues:- Legality of judgments granting back wages to terminated employees.- Interpretation of Section 33-C(2) of the Industrial Disputes Act, 1947.- Reinstatement and entitlement to back wages.- Applicability of specific directions for payment of back wages.Analysis:The Supreme Court addressed the legality of judgments granting back wages to terminated employees in appeals involving identical issues. The Andhra Pradesh State Road Transport Corporation challenged the High Court's decisions granting back wages to respondents whose services were terminated. The Corporation argued that the employees were not directly employed by them but by independent contractors. However, the Labour Court held the terminations as illegal and ordered reinstatement, leading to the back wages claim under Section 33-C(2) of the Act.The Corporation contended that since the Labour Court only directed reinstatement without specifying back wages, the employees were not entitled to such payments. Conversely, the respondents argued that back wages naturally follow reinstatement. The Court referred to previous judgments to clarify that reinstatement alone does not automatically entitle an employee to back wages unless specifically directed. The Court emphasized that back wages should be a consequence of a specific order, not merely implied by reinstatement.Citing various precedents, the Court highlighted that the determination of back wages requires a detailed examination of the circumstances, including the nature of employment post-termination. The Court reiterated that the Labour Court is the appropriate forum to decide on back wages when a specific reference is made under Section 10 of the Act. The Court emphasized that the mere reinstatement does not automatically grant the right to claim back wages without a specific direction to that effect.Ultimately, the Supreme Court set aside the orders of the Labour Court and the High Court, ruling in favor of the Corporation. The appeals were allowed without costs. The judgment underscores the importance of a specific direction for the payment of back wages and the need for a comprehensive examination of relevant factors before granting such relief, ensuring a fair and just resolution in industrial dispute cases.
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