IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.906 of 2011
In
Civil Writ Jurisdiction Case No. 1844 of 2007
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1. The National Seeds Corporation Ltd. Represented through the Managing
Director, National Seeds Corporation (A Govt. of India Undertaking), Beej
Bhawan, Pusa Complex, New Delhi-110012.
2. The Managing Director, National Seeds Corporation (A Govt. of India
Undertaking), Beej Bhawan, Pusa Complex, New Delhi-110012.
3. The Administrative Officer, National Seeds Corporation (A Govt. of India
Undertaking), Beej Bhawan, Pusa Complex, New Delhi-110012.
4. The Regional Manager, National Seeds Corporation (A Govt. of India
Undertaking), Sheikhpura, Patna.
5. The Assistant Administrative Officer, National Seeds Corporation Ltd. (A
Govt. of India Undertakings), Sheikhpura, Patna
.... .... Petitioners/Appellants
Versus
1. The State of Bihar
2. Presiding Officer, Labour Court and Authority under Bihar Shops and
Establishment Act, Patna.
3. Saryug Singh, Son of Becho Singh, Resident of Sri Gauraiya Math, West of
B.D.Evening College (Jogeeya Tola), P.O. G.P.O., P.S. Jakkanpur, District-
Patna.
.... .... Respondents/Respondents
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Appearance :
For the Appellants : Mr. Sandeep Kumar, Advocate with
Mr. Ajit Kumar, Advocate
For the Respondent State: Mr. Arun Kr. Prasad, A.C. to G.A.-4
For the Respondent No.3: Mr. Sanjeev Kumar Singh, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
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ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7. 22-09-2011 Feeling aggrieved by the judgment and order dated
25th March 2011 passed by the learned single Judge in above
C.W.J.C. No. 1844 of 2007, the petitioner, National Seeds
Corporation Limited (hereinafter referred to as ‘the Corporation’)
has preferred the present Appeal under Clause 10 of the Letters
Patent.
The matter at dispute is the termination of service of
the employee Saryug Singh, the respondent no.3 herein. According
to the Corporation the said Saryug Singh was employed by the
Corporation as a daily wage Clerk on 17th September 1968. He
served as such till 25th April 1970. Under the order of the Court he
was reinstated in service on 11th November 1985 with full back
wages. Since his reinstatement in service he served as such for one
year and 37 days till 18th December 1986. Since 19th December
1986 he did not report for duty. Thus, he left service on his own
volition. In view of his continuous absence from service since 19th
December 1986, a public notice was given on 20th July 1987. As
the employee failed to respond to the public notice also, his service
was terminated on 23rd August 1987. Feeling aggrieved, the
employee approached the Labour Court, Patna under the Bihar
Shops and Establishment Act, 1953. The Labour Court by its order
dated 27th September 2006 directed reinstatement of the employee
in service with full back wages.
Feeling aggrieved, the Corporation challenged the
aforesaid order in above C.W.J.C. No. 1844 of 2007. Pending the
aforesaid proceeding the employee has reached the age of
superannuation in 2009. In view of the said development the
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learned single Judge has modified the award to the extent that the
question of reinstatement in service does not arise. The employee
would be entitled to back wages from 19th December 1986 till the
date he reached the age of superannuation. Feeling aggrieved, the
Corporation has preferred the present Appeal.
Learned advocate Mr. Sandeep Kumar has appeared
for the Corporation. He has submitted that earlier the employee
had served a little over one year from September 1968 to April
1970. After his reinstatement in service he has served for little
over one year from November 1985 to December 1986. For a total
service of less than three years the employee was earlier paid the
back wages for the period from 1979 to 1985.
There is some dispute about the date of joining of the
employee after the order of reinstatement in service in 1985.
According to the learned advocate Mr. Sanjeev Kumar Singh
appearing for the employee, the employee had joined the service in
July 1985.
From the facts recorded hereinabove, it is apparent
that over a period of more than 40 years the employee had served
the Corporation for less than three years. We, therefore, do not
consider it expedient to allow the full back wages to the employee
from 1986 to 2009, almost a period of 23 years.
On the facts and in the circumstances of the case,
considering that the employee was a daily wage Clerk and that he
had served the Corporation for less than three years and just for a
year after his reinstatement in service in the year 1985, the
employee may be paid a lump sump amount of Rs.50,000.00 (fifty
thousand) in lieu of back wages. The Corporation will pay the
aforesaid sum of Rs. 50,000.00 to the employee preferably within
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two weeks from today but not beyond 15th October 2011.
It is further directed that in the event the appellant
Corporation fails to pay the aforesaid amount by 15th October 2011
as directed, the employee will be entitled to interest at the rate of
10 per cent per annum commencing from 16th October 2011 till the
date of payment.
The Appeal is allowed in the aforesaid terms.
The award of the Labour Court, Patna passed on 23rd
September 2006 in B.S.E. Case No.17 of 1995 stands modified to
the above extent.
(R.M. Doshit, CJ)
(Birendra Prasad Verma, J)
Pawan/-