Reinstated staff to get back wage

The Hyderabad High Court has held that the decision of the labour court to deny back wages to employees was wholly unjust when their removal of service was declared as illegal by the labour court itself.

Justice P. Naveen Rao, while granting relief to RTC employees Ch Suresh Babu and K. Narsaiah, found fault with the labour court for denying back wages without showing reason, even after declaring that their removal from service by the APSRTC as illegal.

The RTC had removed Mr Suresh from service for being absent without authorisation in 2002. Mr Narsaiah, a driver, was removed from service due to alleged rash driving which resulted in the death of two staff members.

Both moved the labour court challenging their removal by filing separate petitions. The labour court held that their removal was illegal and directed the corporation to reinstate them. The court denied them back wages by applying the principle of ‘no work, no pay’.

The duo moved the High Court separately, challenging the denial of back wages.

Allowing their cases through a common order, Justice Naveen Rao said the labour court did not discuss why the back wages were denied and why increments were withheld in one case.

The judge noted that when their removal from service was declared illegal, and their assertion that they were not gainfully employed in the interim was not controverted, denial of back wages was unjust.

The judge declared that the petitioners were entitled to back wages from the date of removal from service. He also restored increments to one of the petitioners.