a) Quantum of back wages is dependent on the length of service, nature of misconduct and the employer’s financial condition.
b) One year of continuous service means that a workman, during a period of 12 calendar months preceding the date with reference of which the calculation is to be made, has actually worked under the employer for not less than 240 days. Further, for the purpose of calculation 240 days of continuous service is to be from date of appointment.
c) Non-compliance of Sections 25 B and/or 25 F of the Industrial Dispute Act would result in the reinstatement of a terminated workman.
d) Back-wages in reinstatement can be awarded only with supported reasons
e) Labour Court shall not entertain a dispute when the establishment is not an ‘industry’. Further, as per the Industrial Dispute Act, “industry” means any systematic activity carried on by co-operation between an employer and his workmen (whether such workmen are employed by such employer directly or by or through any agency, including a contractor) for the production, supply or distribution of goods or services with a view to satisfy human wants or wishes.
India