https://www.taxtmi.com/caselaws?id=172515 Where misconduct is proved but the punishment is reduced as harsh and disproportionate, reinstatement with back wages is not automatic. The Labour Court may, in the exercise of industrial adjudicatory discretion, grant continuity of service while restricting back wages, and a writ court should not disturb that decision unless it is arbitrary, perverse, or vitiated by legal error. The distinction between a wholly illegal termination and a modified punishment is material; in the latter case, back wages depend on the facts and the relief actually granted. The High Court's interference was therefore unwarranted, and the Labour Court's award was restored. en-us Thu, 18 Dec 2008 00:00:00 +0530 Mon, 02 Nov 2015 10:24:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=172515 Where misconduct is proved but the punishment is reduced as harsh and disproportionate, reinstatement with back wages is not automatic. The Labour Court may, in the exercise of industrial adjudicatory discretion, grant continuity of service while restricting back wages, and a writ court should not disturb that decision unless it is arbitrary, perverse, or vitiated by legal error. The distinction between a wholly illegal termination and a modified punishment is material; in the latter case, back wages depend on the facts and the relief actually granted. The High Court's interference was therefore unwarranted, and the Labour Court's award was restored. Case-Laws Indian Laws Thu, 18 Dec 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=172515