National
Hydroelectric Power Corp. Ld. & or Vs. V. P. Gupta & ANR. [2009] INSC 934
(4 May 2009)
Judgment
CIVIL APPELLATE
JURISDICTION CIVIL APPEAL NO.3469 OF 2009 (arising out of SPECIAL LEAVE
PETITION (C) NO.10645/2008) NATIONAL HYDROELECTRIC POWER CORPORATION LTD. &
ORS. ....APPELLANTS VERSUS ORDER Leave granted.
This appeal by
special leave is directed against the judgment and order dated 22nd January,
2008 passed by the Punjab and Haryana High Court in Civil Writ Petition
No.10758 of 2006 filed by the respondent herein. The High Court allowing the
writ petition and setting aside the orders passed by the authorities, directed
that the writ petitioner would be entitled to all the consequential benefits as
a result of setting aside of the order of removal passed against him. High
Court had granted full backwages to him. It has been submitted before us that other
service benefits, which he is entitled for after retirement, have already been
given.
In that view of the
matter, we are of the opinion that only order that can be passed in this appeal
is to modify the back wages granted to the respondent.
Accordingly, we
modify the impugned order and direct to pay 30 per cent of the backwages to the
respondent.
contd. The appeal is
accordingly disposed of with no order as to costs.
Interim order granted
by this Court stands vacated.
............................J.
(TARUN CHATTERJEE)
............................J.
(H.L. DATTU)
NEW
DELHI,
MAY
4, 2009.
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