The Gujarat High Court recently ruled that when an employee is terminated, the backwages do not automatically get awarded when the employee is reinstated. However, the High Court also clarified that if the employer is at fault in the termination case, then full back wages can be granted by the Labour Court. The reason, as stated by Chief Justice Sunita Agarwal and Justice NV Anjaria is that..“no one can take benefit of its own wrong.” HR katha
If employer at fault, full back wages can be granted to terminated staff
