& Ors. Vs. Maiku Prasad  INSC 1485 (2 September 2008)
NON REPORTABLE IN THE
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5425 OF
2008 (Arising out of SLP (C) No. 23319 of 2007) M.P. Electricity Board &
Maiku Prasad ....Respondent
13th of December, 2007, this Court issued notice on this Special Leave Petition
and passed the following order :- "Learned counsel for the petitioners
submits that the respondent has already been reinstated.
Issue notice limited
to the question of payment of 50 per cent of the back wages.
In the meantime,
execution proceedings are stayed."
the office report dated 7th of August, 2008, it appears that as per an order
passed by the learned Registrar of this Court dated 31st of March, 2008, Dasti
notice was issued to the sole respondent and an affidavit of service has been
filed by the petitioner stating therein that the sole respondent has already
been served. In spite of service, no one appeared on his behalf at the time of
hearing of the appeal.
heard the learned counsel for the appellant and considering the facts that the
service of the respondent was terminated as he was unauthorisedly absent from
duty from 15th of February, 1984 to 3rd of March, 1984 and after the order of
termination respondent had not worked for a long time with the appellant board
till he was reinstated, we feel it appropriate to modify the award in question
to the extent of payment of fifty per cent of back wages to the respondent
instead of full back wages, as directed by the Labour Court and affirmed by the
we modify the award in question to the above extent, that is to say, that fifty
per cent back wages shall be paid to the respondent instead of full back wages
as directed by the Labour Court and the High Court and direct the appellant to
pay such amount of back wages to the respondent within four months from the
date of supply of a copy of this order. We keep it on record, as we have
already noted in our order dated 13th of December, 2007, that the respondent
has already been reinstated in service by the appellant.
the impugned Judgment of the High Court is modified to the extent indicated
above. The appeal is thus disposed of. There will no order as to costs.
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