“In some cases, a Court may decline to award back wages in its entirety whereas in some cases, it may award partially. The questions, how a back wage is required to be decided, what are the factors to be taken into consideration, on whom the initial burden lies etc. were elaborately discussed in several cases by this Court wherein the law on these questions has been settled. Indeed, it is no longer res integra. These cases are, M.P. State Electricity Board, (2003) 6 SCC 141; G.M. Haryana Roadways, (2005) 5 SCC 591; U.P. State Brassware Corporation, (2006) 1 SCC 479; J.K. Synthetics Ltd., (2007) 2 SCC 433; Metropolitan Transport Corporation, (2009) 9 SCC 601; Jagbir Singh, (2009) 15 SCC 327) and Deepali Gundu Surwase, (2013) 10 SCC 324.
The Court is, therefore, required to keep in consideration several factors, which are set out in the 7 aforementioned cases, and then record a finding as to whether it is a fit case for award of back wages and, if so, to what extent.”
– Hon’ble Justice Abhay Manohar Sapre, Rajasthan State Road Transport Corporation, Jaipur v. Shri Phool Chand (D), [Civil Appeal No.1756 of 2010].