State of U.P.  INSC 1710 (9 November 2009)
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.7487
OF 2009 (Arising out of S.L.P. (C) 14775 of 2007) Faridan ... Appellant Versus
State of U.P. ...Respondent ORDER TARUN CHATTERJEE, J.
This appeal is directed against the Judgment and order dated th 15
of May, 2007 passed by a learned Judge of the High Court of Allahabad in Civil
Misc. Writ Petition No. 17592 of 2 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.
This order of the learned Single Judge was challenged by way of a
Special Leave Petition, which came up for admission 2 3 th 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.
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."
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, 3 4 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.
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.
thus disposed of.
.....................J. [Tarun Chatterjee]
... ....................J. [R. M. Lodha]