Full Judgment Text
1
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5393 OF 2016
[@ SPECIAL LEAVE PETITION (C) NO. 8836 OF 2015 ]
DIVISIONAL MANAGER AND ORS. Appellant(s)
VERSUS
VINAYAK CHINTAMAN GAWANDE AND ORS. Respondent(s)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The appellants are aggrieved by the award passed
by the Labour Court, Chandrapur, Maharashtra dated
23.09.2005, whereby the respondents have been
directed to be reinstated with back wages. The award
was set aside by the Industrial Court at Chandrapur,
Maharashtra. The High Court upheld the award.
3. When the matter came up before this Court, the
JUDGMENT
following order was passed on 30.03.2015 :-
"Issue notice limited to the question of
back wages for the period between 30th
June, 2000 till the date of reinstatement.
The petitioners are directed to regularise
the service of the respondents with effect
from 30th June, 2000.
Until further orders, there shall be
stay of back wages."
Page 1
2
4. Thus, the only dispute is on back wages. It is
fairly agreed by the learned counsel on both sides
that there is no adjudication on this aspect before
the Labour Court in the order dated 23.09.2005.
5. Hence, restricting the adjudication to the claim
of back wages, we remit the matter to the Labour
Court, Chandrapur, Maharashtra.
6. The parties shall appear before the Labour Court
on 08.08.2016. The Labour Court shall adjudicate on
this aspect of back wages expeditiously and
preferably within six months thereafter.
7. Till the matter is disposed of by the Labour
Court, the interim order passed by this Court on stay
of back wages shall continue.
8. With the above observations and directions, this
appeal is disposed of.
JUDGMENT
No costs.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ ROHINTON FALI NARIMAN ]
New Delhi;
JUNE 29, 2016.
Page 2