Supreme Court of India

Mulin Sharma v. State of Assam and Others

Neutral citation
Reported as [2016] 2 S.C.R. 753
Bench J. Chelameswar and R.K. Agrawal JJ.
Decided 12 July 2016

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the considered opinion that the concurrent finding of the courts below that the appellant herein is not entitled to back wages in the absence of any material on record that he remained unemployed during the entire period from 23 .05 .1998 to 16.08.1999 is correct.

Judgment, page 6

From the headnote

Service law: Back wages - Appellants case was that he was forced to submit resignation letter under compulsion and criminal intimidation by respondent no. 6 and his men - Courts below accepted the allegation and ordered reinstatement, however denied back wages - Appellant challenged non-grant of back wages - Held: The facts and circumstances of the case clearly shoi<•ed that the resignation tendered by the appellant was not voluntary - However, courts below categorically held and rightly so that the appellant was not entitled to back wages - Appellant had not produced any material to prove

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