Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 1403 OF 2016
[@ SPECIAL LEAVE PETITION (C) NO. 5241 OF 2013]
PREM NARAIN Appellant(s)
VERSUS
M/S SWADESHI COTTON MILLS, JUHI & ANR. Respondent(s)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The appellant was terminated from the services of
the first respondent on 31.10.1991. The Labour
Court, Kanpur, set aside the termination of the
appellant by its award published on 04.10.1997. In
the meanwhile, the appellant had already attained the
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age of superannuation on 01.07.1997.
3. The award on reinstatement was not challenged by
the respondent-Management. The only ground taken
before the High Court was their liability to pay
backwages.
4. The High Court, taking note of the fact that by
the time, the award was published, the appellant-
workman had already attained the age of
superannuation, set aside the award and allowed the
writ petition.
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5. Feeling aggrieved by the order passed by the High
Court, the appellant has filed the present petition
by special leave before this Court.
6. We fail to understand the reasoning and approach
made by the High Court. Once the Management does not
have any grievance on the award on reinstatement and
the grievance was limited only to backwages, the High
Court should not have set aside the award as such.
Appropriate orders on backwages alone were
permissible at the hands of the High Court.
7. Be that as it may, taking note of the pleadings
available on record, we direct that the appellant
would be entitled to 50% backwages from the date of
termination till the date of superannuation.
8. Needless also to say, he would be deemed to have
continued in service and superannuated on 01.07.1997
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for all other benefits. All eligible benefits due to
the appellant in the light of this Judgment shall be
computed and paid to the appellant within three
months from today and any default in making the
payment, as aforesaid, shall carry interest at the
rate of 18% from the date of termination till the
date of payment.
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9. With the aforesaid observations and directions,
this appeal is disposed of with no order as to costs.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ ROHINTON FALI NARIMAN ]
New Delhi;
February 15, 2016.
JUDGMENT
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