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Rajasthan State Road Transport Corpn. Vs. Bhagyo Mal & Ors [1993] INSC 270 (7 May 1993)

Sawant, P.B. Sawant, P.B. Jeevan Reddy, B.P. (J)

CITATION: 1994 SCC Supl. (1) 573

ACT:

HEAD NOTE:

ORDER

1. Special leave granted.

2. The Tribunal while reducing the punishment and reinstating the workman, had denied the back wages to him.

However, in writ petition the High Court interfered with the order denying the back wages, and while affirming the punishment, directed that the respondent would be entitled to the back wages. We find that the High Court's order is self-contradictory. When the High Court had found that the respondent-employee deserved punishment on account of his misconduct, the High Court could not have rewarded the employee by granting him the back wages particularly when the Tribunal had converted the order of dismissal into that of the stoppage of two increments with cumulative effect.

We, therefore, allow the appeal and set aside that part of the order of the High Court whereby the respondent-employee has been given the benefit of back + Arising out of SLP (C) No. 421 0 of 1993 574 wages. The rest of the order is maintained. The appeal is allowed accordingly with no order as to costs.

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