Writ Petition for claiming arrears of salary

Claim for arrears of salary in a writ petition. The salary more than that which could have been claimed in a suit (beyond three years) cannot be claimed in writ petition.

1999-III LLJ (Supp) 1443

Labour Court not bound to grant relief to the workman once an order of termination is held to be bad in law

The powers of Industrial Court and Labour court. Termination-reinstatement. The Industrial Court, like any other court must be held to have some discretion in the matter of grant of relief. There is no provision of law that once an order of termination is held to be bad in law, irrespective of any other consideration, the Labour court would be bound to grant relief to the workman.

Industrial Disputes Act does not contain any provision which mandates the Industrial Court to grant relief in every case to the workman. The extent to which a relief could be moulded will inevitably depend upon the facts and circumstances obtaining in each case. In the absence of any express provision contained in the statute in this behalf, it is not for the court to lay down a law which will have a universal application.

(2005) 5 SCC 91

For enforcement of Fundamental Rights, a civil suit is maintainable

1995 Supp(4) SCC286

2008 AIR SCW 3567