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2003 (10) TMI 626 - SC - Indian LawsWhether the employer should be denied the salary for the period he was kept under suspension preceding the removal, dismissal or compulsory retirement? Whether the employee would be entitled to the back wages and other benefits from the date or his dismissal to the date of his reinstatement? Held that:- The appellate authority directed reinstatement of the respondent and held that he was not entitled to get back wages for the period he was out of service. It may be noticed that the respondent was removed from service without any enquiry and he was not even given show causes notice prior to his dismissal from service. There was fault on the part of the employer in not following the principle of natural justice. These relevant facts were considered and the learned Single Judge and also the Division Bench ordered the payment of back wages. We do not think this is a fit case where the Fundamental Rule 54 could have been invoked by the authorities. We find no merit in the appeal. The appeal is accordingly dismissed.
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