Calcutta High Court in the case of Sri Man Mohan Kumar Shahu vs. Union of India & Ors., MAT 954/2024, denied the employee’s plea to modify the single bench order to the extent that it did not allow back wages, while setting aside the punishment of compulsory retirement imposed by the disciplinary authority and reinstating the employee along with all consequential notional benefits.
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In reaching this decision, the Court referred to the Supreme Court judgment in Deepali Gundu Surwase vs. Kranti Junior Adhyapak Mahavidyalaya (D.ED) and Ors. (2013) 10 SCC 324 , which held that an employee seeking back wages must mandatorily either plead or at least state before the adjudicating authority or the court of first instance that they were not gainfully employed or were employed on lesser wages elsewhere. In this case, the employee failed to assert anywhere in the pleadings that they were not employed gainfully or on lesser wages, nor did they request the grant of back wages. As a result, the Court found no grounds to award back wages.
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