Photo of Abhinav Rastogi

Senior Associate in the General Corporate Practice at the Delhi office of Cyril Amarchand Mangaldas. Abhinav specializes in employment law and regulatory/compliance matters. He has been actively involved in general to complex employment law matters including advice and support on retrenchment of employees (from junior to key managerial persons), closure of establishments, matters involving transfer of business and undertakings, complaints relating to sexual harassment and misconduct, employees related policies and employees related litigation. He can be reached at abhinav.rastogi@cyrilshroff.com

 

Indian Industrial Law - Wages

In its judgment dated September 20, 2018, the Supreme Court of India (SC), in the matter of Rajasthan State Road Transport Corporation, Jaipur vs. Shri Phool Chand[1] (Phool Chand) has ruled on a worker’s (workmen as per Industrial Disputes Act, 1947) entitlement to back-wages, if he/she his reinstated.

Under Indian labour and industrial laws, the provisions pertaining to a worker’s entitlement to back-wages is covered under the legal regime of Industrial Disputes Act, 1947 (ID Act).

In this regard, the ID Act stipulates that a worker[2] will be entitled to back-wages during pendency of proceedings. Continue Reading Back Wages Upon Reinstatement: An Entitlement Which Has To Be Determined!!