Mandawar & ANR. Vs. Mukesh Kumar Sharma  INSC 219 (25 March 2010)
SUPREME COURT OF CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.2698 OF 2010
(Arising out of Special Leave Petition (Civil) No.30872 of 2008) Manager,
K.V.S.S. Mandawar & Anr. ...Appellant(s) Versus Mukesh Kumar Sharma
Notice was issued on the special leave petition on the limited
question of award of full back-wages on reinstatement. Labour Court, Bharatpur
vide its award dated 3.4.1996 ordered reinstatement with full back wages when
the service of the respondent was terminated without enquiry and without
assigning any reasons. The writ petition filed by the appellant was dismissed
on 11.5.1999 which was ultimately affirmed by the Division Bench of the High
Court of Rajasthan vide its judgment dated 4.3.2008. The said order is
challenged in this appeal. Respondent workman then filed an application under
Section 33(C )(2) of the Industrial Disputes Act 1947 before the Labour Court
Bharatpur as LCC 1/2005 for computation of monetary benefits. The Labour Court
passed an order dated 3.9.2008 awarding a total amount of Rs.5,16,032.01
towards back wages. Though the respondent - 2 - was reinstated in service on
9.6.2005, there is serious dispute between the parties as to whether, the
respondent was gainfully re-employed during the period he was out of service.
Further it was also stated that the appellant Co- operative Society is not
financially sound to meet the claim of full back wages.
Considering the entire facts and circumstances of the case and
after hearing counsel on either side we feel it would be appropriate to
restrict the back-wages to 50% for the period 18.1.1990 (date of termination)
to the date of reinstatement. The appellant Society is directed to pay the
amount as ordered within a period of three months from today.
appeal is allowed in part accordingly.
......................J. (R.V. Raveendran)