Supreme Court Of India

Executive Engineer, H.U.D.A. V. S Sumesh Kumar Kalia

Civil Appeal No. 1200 of 2004. 20-02-2004

JUDGMENT

1. Leave granted.

2. A reference was made to the Industrial Tribunal (for short 'the Tribunal') under the Industrial Disputes Act in relation to the non-employment of the respondent by the appellant's establishment.

3. The Tribunal after full inquiry into the matter came to the conclusion that the respondent is entitled to reinstatement with continuity of service and full back wages. The matter was carried to the High Court by way of a writ petition which affirmed the award made by the Tribunal. Hence, this appeal by special leave.

4. The High Court has noticed that the respondent had worked for the periods as follows:

1. 25.2.1996 to 24.5.1996 81 days
2. 25.5.1996 to 24.8.1996 90 days
3. 25.9.1996 to 24.11.1996 40 days

Total 211 days and by adding the period from 25.8.1996 to 24.9.1996 to the period of 211 days, as admitted by the appellant, it is held that respondent had worked for more than 240 days.

5. That is the only basis on which the direction for reinstatement has been ordered. This part of the order is unassailable. However, when the respondent had worked only for a short period, we do not think it was appropriate for the Tribunal to have awarded full back wages. In the circumstances, we think it appropriate to grant only 1/3rd of the back wages instead of full back wages. The award made by the Tribunal as affirmed by the High Court is, therefore, modified accordingly.


6. The appeal is disposed of as aforesaid.

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