Narendra Kumar Vs.
Regional Manager Punjab National B. K. &Ors  INSC 1052 (13 May 2009)
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.3543 OF 2009 (Arising out
of SLP(C) No.12178 of 2009) (CC: 3538/2009) Sh. Narendra Kumar
..........Appellant Versus The Regional Manager Punjab National Bank
.....Respondents & Ors.
ORDER H.L. Dattu,J.
granted and heard counsel for the parties insofar as the award of back wages is
is an appeal by Special Leave against the judgment and order dated 23.5.2008 of
the Delhi High Court in W.P. (C) No. 3941 of 2008.
appellant was appointed as a sub staff by the respondent Bank on 8.11.1989 on
daily wage basis and subsequently his services were terminated on 12.9.1992.
by the order of termination, the appellant had raised an Industrial Dispute in
the year 1996. In his claim statement, he had asserted, that, the termination
of his services by the respondents is illegal, irregular and invalid, and
therefore, had requested the Labour Court to pass an award for a direction to
the respondents to reinstate him into service with all consequential monetary
and service benefits.
Labour Court vide its order dated 31.12.2007, while allowing the claim in part,
has directed the respondents to pay a sum of Rupees Fifty Thousand only (Rs.
50,000/-) by way of compensation in lieu of reinstatement into service.
award passed by the Labour Court was the subject matter of the writ petition
before the High Court at the instance of the workman. The High Court has
dismissed the writ petition in limine and thereby has affirmed the award passed
by the Labour Court.
The learned counsel for the appellant submits that the amount of compensation
awarded by the Labour Court in lieu of reinstatement into service vide its
order dated 31.12.2007, is meager and, therefore, this court may exercise its
discretion and enhance the compensation awarded by the Labour Court.
we would not have interfered with the concurrent findings of the labour court
and the High Court. At the same time, we can't be 2 obdurate to the hard
realities of life. In matters of this nature, a humane and pragmatic approach
to the various factors, including the steep escalation in prices in the
commodity market, the cost of living, the cost of education of children etc.
Therefore, keeping in view the peculiar facts and circumstances of this case,
in our view, it would be in the interest of justice, to enhance the
compensation from Rupees Fifty Thousand (50,000/-) to One Lakh (1,00,000/-)
the appeal is allowed in part. The award passed by the Labour Court in ID No.
52/1996 is modified by enhancing the compensation awarded from Rs.50,000/-
(Rupees Fifty Thousand only) to Rs. 1,00,000/- (Rupees One lakh only). Before
parting with the case, we make it clear that this order shall not be treated as
a precedent in any other case. No order as to costs.
[ H.L. DATTU ]