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    <title>2021 (2) TMI 916 - BOMBAY HIGH COURT</title>
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    <description>Termination based solely on a criminal conviction under Section 138 of the Negotiable Instruments Act loses its foundation once that conviction is set aside, and reinstatement with continuity of service is ordinarily justified. The service regulation cited on the record did not supply an independent basis to refuse reinstatement where the employee&#039;s conviction had been reversed. On back wages, acquittal does not automatically create an entitlement to salary for the entire intervening period; the award depends on the facts and the employer&#039;s response after acquittal. In these circumstances, back wages were confined to the period from acquittal until superannuation, and the earlier 50% back-wage award was not sustained.</description>
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      <description>Termination based solely on a criminal conviction under Section 138 of the Negotiable Instruments Act loses its foundation once that conviction is set aside, and reinstatement with continuity of service is ordinarily justified. The service regulation cited on the record did not supply an independent basis to refuse reinstatement where the employee&#039;s conviction had been reversed. On back wages, acquittal does not automatically create an entitlement to salary for the entire intervening period; the award depends on the facts and the employer&#039;s response after acquittal. In these circumstances, back wages were confined to the period from acquittal until superannuation, and the earlier 50% back-wage award was not sustained.</description>
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