Court Orders Payment of 75% Back Wages with Interest for Delayed Compliance
In a significant ruling, the Orissa High Court has directed the Union of India to pay 75% of back wages to Subhasree Pattanaik, who was wrongfully dismissed from her employment, with an additional stipulation for interest on delayed payments. The decision marks a major victory for Pattanaik, who had earlier been granted only 50% back wages by the Central Administrative Tribunal (CAT).
The case dates back to Pattanaik's dismissal in August 2017, following allegations related to the tragic incident involving her baby. The disciplinary authority found no guilt on her part, and the Criminal Court subsequently acquitted her of all charges, confirming that the accusations were unfounded. Nevertheless, Pattanaik faced a lengthy period of unemployment until her reinstatement in June 2021.
Presiding over the case, Justices Dixit Krishna Shripad and Chittaranjan Dash observed that the denial of full back wages was unjustified given Pattanaik’s acquittal and the absence of any fault on her part. The court highlighted that the principle of "no work no pay" was not applicable in circumstances where the employee was kept out of employment without any wrongdoing.
In its judgment, the High Court emphasized the instinctual nature of motherhood, noting the improbability of Pattanaik intentionally harming her child. The court invoked Section 114 of the Indian Evidence Act, 1872, to support its reasoning, underscoring the presumption that a mother would not harm her child.
The ruling also addressed the financial repercussions of delayed payment. The High Court ordered that if the 75% back wages are not disbursed within eight weeks, the remaining amount would incur interest at a rate of 1% per month for the first month and 2% for subsequent months. Furthermore, the interest would be recoverable personally from officials responsible for any delay.
This judgment not only provides Pattanaik with financial relief but also serves as a reminder of the judiciary’s role in upholding justice and equity in employment disputes. It reinforces the importance of fair treatment in employment practices, particularly in cases involving wrongful dismissal.
Bottom Line:
Employment reinstatement - Grant of back wages - Tribunal's order partially upheld; however, back wages increased from 50% to 75%, considering that the petitioner was wrongfully kept away from employment without any fault of hers, and the principle of "no work no pay" was not applicable in such circumstances.
Statutory provision(s): Indian Evidence Act, 1872 Section 114, Indian Penal Code Sections 302/309, Cr.P.C Section 235(1)
Subhasree Pattanaik v. Union of India, (Orissa)(DB) : Law Finder Doc id # 2844048
