Manager, K.V.S.S. Mandawar & Anr. Vs. Mukesh Kumar Sharma
EmailAppeal: Civil Appeal No. 2698 of 2010
[Arising out of Special Leave Petition (C) No. 30872 of 2008]
[From the Judgment & Order dated 4.3.2008 of the High Court of Judicature for Rajasthan, Jaipur Bench, Jaipur in D.B. Civil Special Appeal (Writ) No. 680 of 1999]
[Arising out of Special Leave Petition (C) No. 30872 of 2008]
[From the Judgment & Order dated 4.3.2008 of the High Court of Judicature for Rajasthan, Jaipur Bench, Jaipur in D.B. Civil Special Appeal (Writ) No. 680 of 1999]
Petitioner: Manager, K.V.S.S. Mandawar & Anr.
Respondent: Mukesh Kumar Sharma
Apeal: Civil Appeal No. 2698 of 2010
[Arising out of Special Leave Petition (C) No. 30872 of 2008]
[From the Judgment & Order dated 4.3.2008 of the High Court of Judicature for Rajasthan, Jaipur Bench, Jaipur in D.B. Civil Special Appeal (Writ) No. 680 of 1999]
[Arising out of Special Leave Petition (C) No. 30872 of 2008]
[From the Judgment & Order dated 4.3.2008 of the High Court of Judicature for Rajasthan, Jaipur Bench, Jaipur in D.B. Civil Special Appeal (Writ) No. 680 of 1999]
Judges: R.V. Raveendran & K.S. Radhakrishnan, JJ.
Date of Judgment: Mar 25, 2010
Appearances:
Appearances
Mr. S.K. Deshote, Senior Advocate, Ms. Rashmi Singhania, Mr. Sarad Kumar Singhania, Advocates with him for the Appellant(s).
Dr. Sumant Bhardwaj, Ms. Archana Pathak Dave, Mr. Shiv Kumar Sharma, Ms. Mridula Ray Bhardwaj, Advocates for the Respondent(s).
Mr. S.K. Deshote, Senior Advocate, Ms. Rashmi Singhania, Mr. Sarad Kumar Singhania, Advocates with him for the Appellant(s).
Dr. Sumant Bhardwaj, Ms. Archana Pathak Dave, Mr. Shiv Kumar Sharma, Ms. Mridula Ray Bhardwaj, Advocates for the Respondent(s).
Head Note:
SERVICE & LABOUR LAWS
Industrial Disputes Act, 1947
Section 33(C)(2) – Termination without enquiry and assigning of reasons – Labour Court awarding reinstatement with full back-wages – High Court confirming order – Society financially not sound – Justification. Held to meet end of justice, back-wages restricted to 50% from the period of termination to the date of reinstatement.
Industrial Disputes Act, 1947
Section 33(C)(2) – Termination without enquiry and assigning of reasons – Labour Court awarding reinstatement with full back-wages – High Court confirming order – Society financially not sound – Justification. Held to meet end of justice, back-wages restricted to 50% from the period of termination to the date of reinstatement.
JUDGEMENT:
K.S. RADHAKRISHNAN, J.
1. Leave granted.
2. Notice was issued on the special leave petition on the limited question of award of full back-wages on reinstatement. Labour Court, Bharatpur vide its award dated 3.4.1996 ordered reinstatement with full back wages when the service of the respondent was terminated without enquiry and without assigning any reasons. The writ petition filed by the appellant was dismissed on 11.5.1999 which was ultimately affirmed by the Division Bench of the High Court of Rajasthan vide its judgment dated 4.3.2008. The said order is challenged in this appeal. Respondent workman then filed an application under Section 33(C)(2) of the Industrial Disputes Act 1947 before the Labour Court Bharatpur as LCC 1/2005 for computation of monetary benefits. The Labour Court passed an order dated 3.9.2008 awarding a total amount of Rs.5,16,032.01 towards back wages. Though the respondent was reinstated in service on 9.6.2005, there is serious dispute between the parties as to whether, the respondent was gainfully re-employed during the period he was out of service. Further it was also stated that the appellant Co-operative Society is not financially sound to meet the claim of full back wages.
3. Considering the entire facts and circumstances of the case and after hearing counsel on either side we feel it would be appropriate to restrict the back-wages to 50% for the period 18.1.1990 (date of termination) to the date of reinstatement. The appellant Society is directed to pay the amount as ordered within a period of three months from today. The appeal is allowed in part accordingly.
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1. Leave granted.
2. Notice was issued on the special leave petition on the limited question of award of full back-wages on reinstatement. Labour Court, Bharatpur vide its award dated 3.4.1996 ordered reinstatement with full back wages when the service of the respondent was terminated without enquiry and without assigning any reasons. The writ petition filed by the appellant was dismissed on 11.5.1999 which was ultimately affirmed by the Division Bench of the High Court of Rajasthan vide its judgment dated 4.3.2008. The said order is challenged in this appeal. Respondent workman then filed an application under Section 33(C)(2) of the Industrial Disputes Act 1947 before the Labour Court Bharatpur as LCC 1/2005 for computation of monetary benefits. The Labour Court passed an order dated 3.9.2008 awarding a total amount of Rs.5,16,032.01 towards back wages. Though the respondent was reinstated in service on 9.6.2005, there is serious dispute between the parties as to whether, the respondent was gainfully re-employed during the period he was out of service. Further it was also stated that the appellant Co-operative Society is not financially sound to meet the claim of full back wages.
3. Considering the entire facts and circumstances of the case and after hearing counsel on either side we feel it would be appropriate to restrict the back-wages to 50% for the period 18.1.1990 (date of termination) to the date of reinstatement. The appellant Society is directed to pay the amount as ordered within a period of three months from today. The appeal is allowed in part accordingly.
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