RAJU CHAND Vs. THE ZONAL DIRECTOR NEHRU YUVA KENDRA SANGATHAN, CHANDIGARH and ORS.
EmailAppeal: CIVIL APPEAL NO. 6434 OF 2016
Petitioner: RAJU CHAND
Respondent: THE ZONAL DIRECTOR NEHRU YUVA KENDRA SANGATHAN, CHANDIGARH and ORS.
Judges: KURIAN JOSEPH , ROHINTON FALI NARIMAN
Date of Judgment: Jul 15, 2016
JUDGEMENT:
NON- CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6434 OF 2016 [ @SPECIAL LEAVE PETITION (C) NO. 186 OF 2016 ]
RAJU CHAND Appellant(s)
VERSUS
THE ZONAL DIRECTOR NEHRU YUVA KENDRA SANGATHAN, CHANDIGARH & ORS. Respondent(s)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The appellant is before this Court, aggrieved by the Judgment of the Division Bench of the High Court, whereby the award passed by the Labour Court, as confirmed by the learned Single Judge, has been upheld.
3. The appellant was a Driver on daily wage basis, according to the appellant, on a temporary basis. Be that as it may, the Labour Court had passed an award, directing the reinstatement of the appellant along with back wages. That was upheld by the learned Single Judge. The Division Bench, however, took note of the fact that the Management had lost confidence and hence held that it was a fit case for one-time monetory compensation and hence, allowed the appeal and granted Rs. 3.5 Lakhs to the appellant. 4. Having heard the learned counsel appearing on both the sides, we are of the view that interest of justice would be met if appropriate monetory compensation is granted to the appellant. But in our opinion, taking note of the long service rendered by the appellant, the amount of compensation granted by the High Court is inadequate.
5. The appeal is thus allowed, granting compensation of Rs. 7.5 Lakhs (Rupees Seven Lakhs and Fifty Thousand) in full and final settlement of the entire claim of the appellant. The amount shall be released within a period of three months from today. No costs. …………………..J. [ KURIAN JOSEPH ]
…………………..J. [ ROHINTON FALI NARIMAN ]
New Delhi; JULY 15, 2016.
CIVIL APPEAL NO. 6434 OF 2016 [ @SPECIAL LEAVE PETITION (C) NO. 186 OF 2016 ]
RAJU CHAND Appellant(s)
VERSUS
THE ZONAL DIRECTOR NEHRU YUVA KENDRA SANGATHAN, CHANDIGARH & ORS. Respondent(s)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The appellant is before this Court, aggrieved by the Judgment of the Division Bench of the High Court, whereby the award passed by the Labour Court, as confirmed by the learned Single Judge, has been upheld.
3. The appellant was a Driver on daily wage basis, according to the appellant, on a temporary basis. Be that as it may, the Labour Court had passed an award, directing the reinstatement of the appellant along with back wages. That was upheld by the learned Single Judge. The Division Bench, however, took note of the fact that the Management had lost confidence and hence held that it was a fit case for one-time monetory compensation and hence, allowed the appeal and granted Rs. 3.5 Lakhs to the appellant. 4. Having heard the learned counsel appearing on both the sides, we are of the view that interest of justice would be met if appropriate monetory compensation is granted to the appellant. But in our opinion, taking note of the long service rendered by the appellant, the amount of compensation granted by the High Court is inadequate.
5. The appeal is thus allowed, granting compensation of Rs. 7.5 Lakhs (Rupees Seven Lakhs and Fifty Thousand) in full and final settlement of the entire claim of the appellant. The amount shall be released within a period of three months from today. No costs. …………………..J. [ KURIAN JOSEPH ]
…………………..J. [ ROHINTON FALI NARIMAN ]
New Delhi; JULY 15, 2016.
