Awadesh Chandra
Agarwal Vs. Divisional Manager, L.I.C. of India [2008] INSC 1923 (11 November
2008)
Judgment
NON REPORTABLE IN THE
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS 1252-1253
OF 2005 Awadesh Chandra Agarwal ...
Appellant Versus
Divisional Manager, L.I.C. of India ...
Respondent ORDER
1.
These
appeals are directed against the final judgment and order dated 23rd of
February, 2004 in CMWP No.8501 of 1999 and also the final judgment and order
dated 4th of March, 2004 in CMWP No. 19749 of 1988 passed by a learned Judge of
the High Court of Judicature at Allahabad by which the High Court had allowed
the writ petition filed by the appellant holding that the appellant had not
continuously worked for 240 days and thus the award passed by the Labour Court
dated 28th of 2 September, 1998 was set aside. At the same time, the High
Court had allowed a writ petition (W.P.No.19749 of 1988) filed by the appellant
setting aside the order dated 30th of November, 1987 passed by the Labour Court
for computation of monetary benefits amounting to Rs.9559.88 towards wages
under Section 33-C(2) of the Industrial Disputes Act, 1947. Without finally
determining the question whether the High Court was entitled to interfere with
the findings of fact arrived at by the Labour Court while computing the period
of work of 240 days of the appellant, we are of the view that these appeals may
be disposed of by directing the respondent-L.I.C. to pay Rs.40,000/- as final
compensation in lieu of reinstatement and other benefits.
2.
Accordingly,
the appeals are disposed of with a direction that the respondent shall pay a
total sum of Rs.40,000/- to the appellant in lieu of 3 reinstatement and other
benefits which were available to him, if reinstatement of the appellant was
effected, within a period of three months from this date. In default of payment
of the aforesaid sum of Rs.40,000/- to the appellant within the time specified
hereinabove, the order of the High Court shall stand set aside and the award
passed by the Labour Court shall stand restored.
3.
This
will not be cited as a precedent in other cases.
4.
The
appeals are thus disposed of accordingly.
There will be no
order as to costs.
.............................J.
[Tarun Chatterjee]
.............................J.
New
Delhi;
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