Close Menu
    Facebook X (Twitter) Instagram
    • Our Story
    • Partner with us
    • Reach Us
    • Career
    Subscribe Newsletter
    HR KathaHR Katha
    • Exclusive
      • Exclusive Features
      • Perspectives
      • Friday Features
      • herSTORY
      • Rising Stars
      • Case-In-Point
      • Point Of View
      • Research
      • HR Pops
      • Dialogue
      • Movement
      • Profile
      • Beyond Work
      • By Invitation
    • Brief News
      • Global HR News
      • Compensation & Benefits
      • Diversity
      • Events
      • Gen Y
      • Hiring & Firing
      • HR & Labour Laws
      • Learning & Development
      • Merger & Acquisition
      • Performance Management & Productivity
      • Talent Management
      • Tools & Technology
      • Work-Life Balance
    • Special
      • Editorial
      • HR Forecast 2026
      • Cover Story
      • HR Forecast 2024
      • HR Forecast 2023
      • HR Forecast 2022
      • HR Forecast 2021
      • HR Forecast 2020
      • HR Forecast 2019
      • New Age Learning
      • Coaching and Training
      • Learn-Engage-Transform
    • Studio
      • The CHRO Playbook
      • Quick HR Insights
      • The Corner Office
    • Reports
      • Whitepaper
        • HR Forecast 2024 e-mag
        • Future-proofing Manufacturing Through Digital Transformation
        • Employee Healthcare & Wellness Benefits: A Guide for Indian MSMEs
        • Build a Future Ready Organisation For The Road Ahead
        • Employee Experience Strategy
        • HRKatha 2019 Forecast
        • Decoding and Driving Employee Engagement
        • One Platform, Infinite Possibilities
      • Survey Reports
        • Happiness at Work
        • Upskilling for Jobs of the Future
        • The Labour Code 2020
    • Forums
      • HRKatha Inner Circle
      • HRKatha Futurecast
      • Leadership Summit 2025
      • Rising Star Leadership Awards
      • HRKatha Futurecast 2025
      • Automation.NXT
      • The Great HR Debate
    WhatsApp LinkedIn X (Twitter) Facebook Instagram
    HR KathaHR Katha
    Home»Brief News»Compensation & Benefits»If employer at fault, full back wages can be granted to terminated staff
    Compensation & Benefits

    If employer at fault, full back wages can be granted to terminated staff

    HRK News BureauBy HRK News BureauSeptember 6, 20232 Mins Read10647 Views
    Share LinkedIn Twitter Facebook WhatsApp
    Share
    LinkedIn Twitter Facebook WhatsApp

    The Gujarat High Court recently ruled that when an employee is terminated, the backwages do not automatically get awarded when the employee is reinstated. However, the High Court also clarified that if the employer is at fault in the termination case, then full back wages can be granted by the Labour Court. The reason, as stated by Chief Justice Sunita Agarwal and Justice NV Anjaria is that “no one can take benefit of its own wrong.”

    It was found that the departmental inquiry into the accusations against the employee was tantamount to vitimisation. Also, the inquiry was not fair since the employee, a workman, was not given the chance to cross-examine the witness produced by the employer, or present his own witness. Additionally, the Court took into account the major delays that happened in the case; that 17 valuable years had passed before the decision could be made. The workman was finally reinstated in 2019 and no justification was given for the unnecessary and inordinate delay.

    Clearly, the workman had been wrongfully fired from his job and therefore, it is only fair that the employer / organisation should not take advantage of the wrong done by the establishment itself. Also, when an employee is wrongfully and illegally terminated, the normal thing to do is reinstate the person and also offer back wages, along with service continuity.

    back wages employer at fault Gujarat High Court Gujrat High Court Labour Law Reinstate reinstatement termination wrongdoing
    Share. LinkedIn Twitter Facebook WhatsApp
    HRK News Bureau

    2 Comments

    1. s madhavan on October 22, 2023 10:14 am

      In my termination case, so far, three full years have lapsed. The labour court misunderstood the words ‘scaling down’ as ‘closure’ and dismissed my petition made under Section 33A of ID Act for Sec 33 violation which postulates prior permission from the court if a wage dispute is already pending before it. I have appealed against the said verdict in March 2022 (WP 6343 of 2022, Madras HC), and it is getting dragged with my superannuation date (31.7.24) approaching fast.
      It is advisable that the Honourable SC issues a circular to all courts in India regarding Constitutional Bench’s decision made in Jaipur Sahakari Boomi Vikas Bank vs Ram Gopal Sharma.

      Reply
    2. Rajeev on January 4, 2025 1:25 pm

      What view of constitutional bench

      Reply
    Leave A Reply Cancel Reply

    Related Posts

    Future income growth must be considered for fixed-salary workers in accident compensation: AP HC

    November 6, 2026

    Why is Karnataka’s Local Jobs Bill on hold?

    November 5, 2026

    Google expands voluntary exit plan as AI spending rises

    November 5, 2026

    Kerala raises DA amid fiscal strain

    November 3, 2026
    zoha
    Editorial

    Hard work built India’s global reputation. Availability cannot define its future

    I must have been in school when I first heard the slogan. I was passing…

    The rift between the corner office and the floor below

    A general manager at a large Indian steel conglomerate recently described an exchange with his…

    EDITOR'S PICKS

    The HR question that has no perfect answer

    November 6, 2026

    herSTORY: Nandini Matiyani, GCHRO, Strides

    November 5, 2026

    Case-in-Point: The internal whistleblower bypass

    November 5, 2026

    HR Perspectives by Dev Jha: “Engagement scores are not the same as commitment”

    November 4, 2026
    Latest Post

    Nitesh Madan takes charge as CHRO at Siddharth Grease & Lubes

    Movement November 6, 2026

    Nitesh Madan has joined Siddharth Grease & Lubes as chief human resources officer (CHRO), taking…

    Apple cuts employee AI spending limits

    Brief News November 6, 2026

    Apple has reduced the amount employees can spend on artificial intelligence (AI) tools, tightening internal…

    Block offers laid-off US employees up to 90 days of pay

    Brief News November 6, 2026

    Fintech company Block is offering laid-off employees in the US at least 60 days of…

    Chandreyi Das Sharma joins Generac as regional HR – APAC

    Movement November 6, 2026

    Generac has appointed Chandreyi Das Sharma as regional HR – APAC, bringing in a human…

    Asia's No.1 HR Platform

    Facebook X (Twitter) Instagram LinkedIn WhatsApp Bluesky
    • Our Story
    • Partner with us
    • Career
    • Reach Us
    • Exclusive Features
    • Cover Story
    • Editorial
    • Dive into the Future of Work: Download HRForecast 2024 Now!
    © 2026 HRKatha.com
    • Disclaimer
    • Refunds & Cancellation Policy
    • Terms of Service

    Type above and press Enter to search. Press Esc to cancel.