34 years after termination, SC reinstates hotel worker; directs employer to give 50 per cent back wages

The apex court passed the order, after hearing an appeal filed by the legal representatives of late Sharma, who had joined the Rajasthan unit of Bhartiya Paryatan Vikas Nigam Limited in 1978 as a room attendant. His services were terminated in July 1991 on charges of misconduct — which were found to be unproven years later.Sharma approached the labour court against his termination in March 2015. The court in December the same year found the company’s action to be unfair and directed his reinstatement with continuity of service and full back wages.Following the labour court verdict, the company management moved the Rajasthan High Cour, which modified the order by reducing the back wages to 50%.The top court justified that the HC’s approach of awarding half the back wages balanced both fairness and practicality, especially since the hotel where Sharma worked, the Jaipur Ashoka, had since been transferred to the Rajasthan government.The top court thereby restored the single-judge’s 2018 order granting Sharma 50% of his back wages, with continuity of service and full retiral benefits amounting to Rs 33,68,326.



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