Haryana Th: Manager, Har. Rd. Ways Vs. Krishan Lal  INSC 1457 (18 August
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.5576 OF
2009 (Arising out of SLP)No.20625 CC No.10246 of 2009) State of Haryana Through
Manager Haryana Roadways , Rohtak. ----Appellants Versus Krishan Lal
This is an appeal filed at the instance of the State of Haryana
through its Manager, Haryana Roadways against the judgment and order dated 31st
of July, 2008 passed by the High Court of Punjab & Haryana at Chandigarh in
C.W.P.No.1921 of 2008 by which the High Court had partly allowed the appeal and
the award dated 4th of June, 2005 was modified to the extent that the
workman-respondent shall be entitled to re-employment from the date another
workman had been taken into employment at the earliest after June 30, 1996. The
High Court also directed by the impugned order that the respondent shall be
entitled to 50% back wages from the date of demand notice. It was also directed
that the respondent-workman shall be entitled to full back wages from the date
the first person was appointed on the job of a driver or the like, as the case
may be, after the date of termination of the workman, i.e. 30th of June, 1996.
At the time of hearing of this appeal, the learned counsel for the
parties had drawn our attention to an order passed by this Court on 6th of
February, 2009 by which, this Court had similarly refused to interfere with the
order passed by the High Court re-instating the workman but modified the award
to the extent that the workman shall be entitled to 30% of back wages instead
of 50% as directed by the High Court. Such being the stand taken by us in the
similar matter, we also dispose of this appeal by directing that the
appellants, i.e. General Manager, Haryana Roadways, Rohtak shall re- instate
the respondent within a period of one month from this date without fail and the
respondent shall be entitled to 30% of the back wages and be paid the said 30%
of back wages within three months from this date. Accordingly, the impugned
order of the High Court is modified to the extent indicated above.
Subject to the above modification, the appeal stands dismissed.
There will be no order as to costs.
......................J. [Tarun Chatterjee]