Non-Reportable
IN THE 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 ...Respondent(s)
J U D G M E N T
K. S. RADHAKRISHNAN, J.
Leave granted.
2. 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.
3. 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.
The appeal is allowed in part accordingly.
………………….J.
(R.V. Raveendran)
………………….J.
(K.S. Radhakrishnan)
New Delhi
March 25, 2010