Faridan Vs. State of U.P.
EmailAppeal: Civil Appeal No. 7487 of 2009
[Arising out of SLP (C) 14775 of 2007]
[From the Judgement and Order dated 15.05.2007 of the High Court of Judicature at Allahabad in Civil Misc. Writ Petition No. 17592 of 2001]
[Arising out of SLP (C) 14775 of 2007]
[From the Judgement and Order dated 15.05.2007 of the High Court of Judicature at Allahabad in Civil Misc. Writ Petition No. 17592 of 2001]
Petitioner: Faridan
Respondent: State of U.P.
Apeal: Civil Appeal No. 7487 of 2009
[Arising out of SLP (C) 14775 of 2007]
[From the Judgement and Order dated 15.05.2007 of the High Court of Judicature at Allahabad in Civil Misc. Writ Petition No. 17592 of 2001]
[Arising out of SLP (C) 14775 of 2007]
[From the Judgement and Order dated 15.05.2007 of the High Court of Judicature at Allahabad in Civil Misc. Writ Petition No. 17592 of 2001]
Judges: Tarun Chatterjee & R.M. Lodha, JJ.
Date of Judgment: Nov 09, 2009
Appearances:
Appearances
Dr. Madan Sharma, Ms. Asha Upadhyay, Mr. R.D. Upadhyay, Advocates for the Appellant(s).
Mr. Dinesh Dwivedi, Senior Advocate, Mr. Prateek Dwivedi, Mr. Manish Shanker, Mr. Abhishek Choudhary, Mr. Abhishek Kr. Singh, Mr. Sahdev Singh, Mr. Chandra Prakash Pandey, Advocates with him for the Respondent(s).
Dr. Madan Sharma, Ms. Asha Upadhyay, Mr. R.D. Upadhyay, Advocates for the Appellant(s).
Mr. Dinesh Dwivedi, Senior Advocate, Mr. Prateek Dwivedi, Mr. Manish Shanker, Mr. Abhishek Choudhary, Mr. Abhishek Kr. Singh, Mr. Sahdev Singh, Mr. Chandra Prakash Pandey, Advocates with him for the Respondent(s).
Head Note:
SERVICE & LABOUR LAWS
Award – Set aside by High Court with the direction that in spite of the reinstatement of appellant with full back wages, State (Respondent) will pay Rs. 50,000/- to him in addition to any amount to be paid under the award – Whether amount is adequate. Held compensation awarded by High Court being meagre same is enhanced from Rs. 50,000/- to Rs. 2 lacs. Other directions of High Court will remain in force.
Award – Set aside by High Court with the direction that in spite of the reinstatement of appellant with full back wages, State (Respondent) will pay Rs. 50,000/- to him in addition to any amount to be paid under the award – Whether amount is adequate. Held compensation awarded by High Court being meagre same is enhanced from Rs. 50,000/- to Rs. 2 lacs. Other directions of High Court will remain in force.
JUDGEMENT:
TARUN CHATTERJEE, J.
1. Leave granted.
2. This appeal is directed against the Judgment and order dated 15 of May, 2007 passed by a learned Judge of the High Court of Allahabad in Civil Misc. Writ Petition No. 17592 of 2001, whereby the High Court had disposed of the writ petition by setting aside the award passed by the Labour Court, Gorakhpur but directed that in spite of reinstatement of the appellant with full back wages, the respondents/State of UP shall pay to Faridan (appellant herein) an amount of Rs.50,000/- in addition to any amount, which may be paid by it under the impugned award. The High Court further ordered that the aforesaid amount of Rs.50,000/- however shall be paid within three months from that date, failing which an interest of 1% per annum shall be payable on the said amount since after three months till actual payment.
3. This order of the learned Single Judge was challenged by way of a Special Leave Petition, which came up for admission on 4 of February, 2008 and this Court passed the following order:
‘Respondent No. 2 is deleted from the array of parties at the risk of the petitioner.
Issue notice to respondent No. 1 limited to the question as to whether compensation awarded by the High Court in lieu of service to the extent of Rs.50,000/- be increased to Rs.2 lakhs.’
4. After service of notice, the matter came up for final hearing before us on the aforesaid limited issue as to whether the compensation awarded by the High Court in lieu of service to the respondent No. 2 could be increased from Rs.50,000/- to Rs.2 lakhs. On this aspect, we have heard the learned counsel for the parties. Considering the entire materials on record including the order of the High Court as well as the award of reinstatement passed by the Labour Court, Gorakhpur and without interfering with the order of the High Court, we are of the view that the compensation awarded by the High Court was too meager in the present day affairs and the same may be enhanced to Rs.2 lakhs, to be paid to Faridan, the appellant herein.
5. Accordingly, the impugned order of the High Court is modified only to the extent that instead of Rs.50,000/-, the compensation shall be payable to the appellant a sum of Rs.2 lakhs only. The other directions made by the High Court in the impugned order shall remain in force. However, the payment of Rs.2 lakhs shall be made within two months from the date of supply of a copy of this order to the respondent. Appeal is thus disposed of.
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1. Leave granted.
2. This appeal is directed against the Judgment and order dated 15 of May, 2007 passed by a learned Judge of the High Court of Allahabad in Civil Misc. Writ Petition No. 17592 of 2001, whereby the High Court had disposed of the writ petition by setting aside the award passed by the Labour Court, Gorakhpur but directed that in spite of reinstatement of the appellant with full back wages, the respondents/State of UP shall pay to Faridan (appellant herein) an amount of Rs.50,000/- in addition to any amount, which may be paid by it under the impugned award. The High Court further ordered that the aforesaid amount of Rs.50,000/- however shall be paid within three months from that date, failing which an interest of 1% per annum shall be payable on the said amount since after three months till actual payment.
3. This order of the learned Single Judge was challenged by way of a Special Leave Petition, which came up for admission on 4 of February, 2008 and this Court passed the following order:
‘Respondent No. 2 is deleted from the array of parties at the risk of the petitioner.
Issue notice to respondent No. 1 limited to the question as to whether compensation awarded by the High Court in lieu of service to the extent of Rs.50,000/- be increased to Rs.2 lakhs.’
4. After service of notice, the matter came up for final hearing before us on the aforesaid limited issue as to whether the compensation awarded by the High Court in lieu of service to the respondent No. 2 could be increased from Rs.50,000/- to Rs.2 lakhs. On this aspect, we have heard the learned counsel for the parties. Considering the entire materials on record including the order of the High Court as well as the award of reinstatement passed by the Labour Court, Gorakhpur and without interfering with the order of the High Court, we are of the view that the compensation awarded by the High Court was too meager in the present day affairs and the same may be enhanced to Rs.2 lakhs, to be paid to Faridan, the appellant herein.
5. Accordingly, the impugned order of the High Court is modified only to the extent that instead of Rs.50,000/-, the compensation shall be payable to the appellant a sum of Rs.2 lakhs only. The other directions made by the High Court in the impugned order shall remain in force. However, the payment of Rs.2 lakhs shall be made within two months from the date of supply of a copy of this order to the respondent. Appeal is thus disposed of.
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