Robert D'Souza v Executive Engineer, Southern Railway (cited in labour law casebooks alongside Tata Iron and Steel disciplinary matters)

Rule established

Where an employee is dismissed without a proper inquiry, and reinstatement is directed, the question of back wages for the intervening period is a matter of discretion for the tribunal, to be exercised having regard to the circumstances, including whether the workman was gainfully employed elsewhere during the period, and is not an automatic entitlement flowing mechanically from a finding of illegal termination.