In Brief
Mulin Sharma, an Assistant Teacher in Assam, was forced to resign under coercion and criminal intimidation in 1998 and denied salary thereafter. The High Court found the resignation involuntary and reinstated him but denied back wages, awarding only Rs. 25,000 for wrongful denial of employment. The Supreme Court upheld this decision, holding that back wages are not automatically due upon setting aside a wrongful resignation. The appellant failed to prove he remained unemployed throughout the period and did not attend school. The Court emphasized that reinstatement and back wages are independent remedies governed by discretion exercised in light of each case's facts, justice, equity and good conscience. Appellant reinstated with consequential benefits but no back wages; additional Rs. 25,000 compensation awarded."
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