TaxTMI 
TaxTMI 
2003 (2) TMI 468
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.... that the charges were fully proved. Against the order of termination an appeal was preferred which was dismissed by the Committee of Management. After about 6 years the employee filed a representation before the prescribed authority under Regulation 21 of Chapter III framed under the U.P. Intermediate Education Act, 1921. The same was dismissed by the District Inspector of Schools. A writ petition was filed by the employee which was registered as Civil Misc. Writ Petition No. 13159 of 1984. By order dated 18.9.1991, the writ petition was disposed of directing payment of lump- sum amount of Rs.30,000/-. While making order the High Court, inter alia, noted that the employee had no aptitude for service, and if reinstated after such a long tim....
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....26.1.1995. On 20.9.1995 a sum of Rs.30,000/- along with Rs.2450/- towards interest, was paid. It is to be noted in the order dated 3.2.1993 the rate of interest was indicated to be Rs.12% per month, which was later on corrected by order dated 15.5.1996 to read as "per annum". Direction was also given to pay the correct amount within a month. On 3.6.1996 a further sum of Rs.9870/- was paid as the balance amount of interest. Against the order passed by the High Court, the employee filed special leave petition before this Court [S.L.P. (C) No. 24287 of 1996]. On 6.12.1996 a notice was issued in the Special leave petition on the limited question as to why the amount of compensation should not be enhanced. However, the Special leave petition was....
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.... Ors. (1979 [2] SCC 80), a three three-judge Bench of this Court laid down: "In the very nature of things there cannot be a straight-jacket formula for awarding relief of back wages. All relevant considerations will enter the verdict. More or less, it would be a motion addressed to the discretion of the Tribunal. Full back wages would be the normal rule and the party objecting to it must establish the circumstances necessitating departure. At that stage the Tribunal will exercise its discretion keeping in view all the relevant circumstances. But the discretion must be exercised in a judicial and judicious manner. The reason for exercising discretion must be cogent and convincing and must appear on the face of the record. When it is said th....