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Supreme Court of India 2022-12-12 allowed

D.N. Krishnappa vs The Deputy General Manager

Bench: 2 — M. R. Shah, C.T. Ravikumar

In Brief

An employee was dismissed in 1996 and later reinstated following an industrial tribunal award in 2007. Although the reinstatement award was stayed during appellate proceedings, it was ultimately confirmed by the High Court in 2013 with only the back-wage component modified. The Supreme Court held that the employee is entitled to full wages from the date of the reinstatement award (2007) to actual reinstatement (2013), with adjustment for amounts already paid under statutory provisions. The Court rejected arguments based on the interim stay order and the merger principle, holding that employers cannot benefit from delays caused by their own appeals.

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Industrial Law Labour Law Employee Rights Wrongful Dismissal Back Wages Reinstatement Industrial Disputes Act

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