Punjab and Haryana High Court in Punjab School Education Board and Ors. vs. Presiding Officer, Industrial Tribunal, Gurdaspur and Ors. LPA-2157/2017 (O&M) held that an employer has to pay 50% back wages to the employee who is illegally terminated in violation of section 25F of the Industrial Disputes Act, 1947 (“IDA“). However, the Court held that the said back wages will have to be paid from the date of reference under section 10(1)(c) of the IDA and not from the date of termination of employment (since there was a delay in raising the industrial dispute).
Also read: Domestic enquiry to be set aside if employee evidence is not considered: Bombay HC
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