Kumari Sarita Thakur v. Union Of India (uoi) And Ors

Kumari Sarita Thakur v. Union Of India (uoi) And Ors

(Supreme Court Of India)

Civil Appeal No. 5466/1993 | 15-10-1993

1. Delay condoned.

2. Special leave granted.

3. Heard counsel on both sides. While the tribunal has not allowed back wages by its order dated July 24, 1991 but directed reinstatement of the appellant in service, it appears that the Union of India took its own time to reinstate her even though the Union's petition for special leave was dismissed. The learned Counsel for the appellant contends that the Tribunal ought to have awarded back wages but we do not propose to entertain that contention. However, his contention that it was obligatory on the Union to reinstate the appellant within a reasonable time after the Tribunal's order of July 24, 1991 is well-founded. We see no reason why the Union of India failed to carryout the terms of the Tribunal's order even after the special leave petition was rejected. We can understand that the Union of India would take some reasonable time for reinstating the petitioner in pursuance of the tribunal's order but we are not able to understand why it failed to do so till almost the end of 1992. We are, therefore, of the opinion that the appellant is entitled to back wages from August, 1991 till actual reinstatement.

4. In the result we allow this appeal to the aforesaid limited extent and direct that the appellant will be paid back wages from August 1, 1991 till actual reinstatement within three months from today. The appeal will stand disposed of accordingly with no order as to costs.

Advocate List
Bench
  • HON'BLE JUDGE A.M. AHMADI
  • HON'BLE JUDGE N.G. VENKATACHALA
Eq Citations
  • (1994) SUPPL. 2 SCC 395
  • LQ/SC/1993/923
Head Note

Service — Reinstatement — Back wages — Tribunal did not allow back wages but directed reinstatement — Union of India took its own time to reinstate the appellant even though the Union's petition for special leave was dismissed — Held, the appellant is entitled to back wages from August, 1991 till actual reinstatement.