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DEEPALI GUNDU SURWASE vs. KRANTI JUNIOR ADHYAPAK MAHAVIDYALAYA (D.ED.) AND OTHERS

SCR Citation: [2013] 9 S.C.R. 1
Year/Volume: 2013/ Volume 9
Date of Judgment: 12 August 2013
Petitioner: DEEPALI GUNDU SURWASE
Disposal Nature: Appeal Allowed
Neutral Citation: 2013 INSC 529
Judgment Delivered by: Hon'ble Mr. Justice G.S. Singhvi
Respondent: KRANTI JUNIOR ADHYAPAK MAHAVIDYALAYA (D.ED.) AND OTHERS
Case Type: CIVIL APPEAL /6767/2013
Order/Judgment: Judgment
1. Headnote

Service Law:

Back wages on reinstatement - Suspension and termination of services of school teacher - Declared by Tribunal as illegal - Reinstatement - Award of full back wages, set aside by High Court - Held: High Court committed grave error by interfering with the order passed by Tribunal for payment of back wages, ignoring that the charges levelled against appellant were frivolous and the inquiry was held in gross violation of the rules of natural justice - Impugned order set aside and order passed by Tribunal restored - Management shall pay full back wages to appellant.  

Award of back wages, when termination of employee found to be illegal - Principles culled out - Labour law - Industrial Disputes Act, 1947 - s.11-A - Back wages.

Maharashtra Employee of Private Schools (Conditions of Service) Act, 1977:

Objects of the Act - Explained.

Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981:

G r. 34 - Suspension of employee - Entitlement to subsistence allowance - Discussed.

Words and Phrases: 

'Reinstatement' in the context of termination of service of an employee - Connotation of - Explained. 

2. Case referred
3. Act
  • Industrial Disputes Act, 1947 (14 of 1947)
  • Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (3 of 1978)
4. Keyword
  • Service Law
  • Back Wages
5. Equivalent citation
    Citation(s) 2014 AIR 121 = 2013 (10) SCC 324 = 2013 (10) Suppl. SCC 324 = 2013 (12) JT 322 = 2013 (12) Suppl. JT 322 = 2013 (11) SCALE 268