Patna High Court Upholds Full Back-Wages for Wrongfully Terminated Employee

Employee Anil Kumar Singh to Receive Full Arrears from 1995 to 2011 After Court Quashes Unlawful Termination

In a landmark judgment, the Patna High Court has ruled in favor of Anil Kumar Singh, granting him full back-wages for the period of his wrongful termination from April 26, 1995, to April 2, 2011. The decision, delivered by Mr. Partha Sarthy, J., underscores the violation of statutory provisions and principles of natural justice by the employer, the State of Bihar, in unlawfully terminating Singh's employment.

Anil Kumar Singh, who served as an Arm Guard in Bihar Military Police, was terminated due to alleged unauthorized absence. The termination was later challenged, leading to a quashing of the dismissal order by the court. Despite reinstatement, Singh was denied financial benefits for the period he was out of service, which prompted him to seek judicial intervention for his rightful arrears.

The court cited key precedents, including the Supreme Court's ruling in Deepali Gundu Surwase v. Kranti Junior Adhyapak Mahavidyalaya (D.ED.) & Ors.; (2013) 10 SCC 324, which supports the award of full back wages in cases where employers act in gross violation of statutory provisions and principles of natural justice. The court also referenced Punjab National Bank & Ors. v. Kunj Bihari Mishra; (1998) 7 SCC 84 and Yoginath Bagde v. State of Maharashtra & Anr.; (1999) 7 SCC 739 as guiding judgments that affirm the necessity of upholding employee rights against wrongful termination.

In the judgment, Mr. Partha Sarthy, J., emphasized that the principle of "no work no pay" does not apply when an employee is wrongfully kept out of service due to the employer's actions. The court directed the respondents to pay the arrears of salary for the entire period of wrongful termination within three months from the date of receipt of the order.

The judgment is a significant reinforcement of employee rights, ensuring that employees who suffer wrongful termination are not deprived of their rightful financial dues. It sends a strong message to employers about adhering to statutory and natural justice principles in employment matters.

Bottom Line:

Service Law - Employee wrongfully terminated from service and later reinstated - Entitlement to full back-wages for the period of wrongful termination upheld.

Statutory provision(s):  

• - Service Law - Employee wrongful termination and reinstatement  
• - Service Law - Back wages  
• - Principles of "no work no pay"  
• - Article 226 and 136 of the Constitution of India  

This decision is expected to resonate across similar cases, advocating for fair treatment of employees and reinforcing the judiciary's role in safeguarding employee rights against administrative injustices.

Anil Kumar Singh v. State of Bihar, (Patna) : Law Finder Doc Id # 2811754