Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5352 OF 2013
(Arising out of SLP(C) No.19089/2012)
STATE OF U.P. & ANR. Appellant(s)
:VERSUS:
IDRISH Respondent(s)
O R D E R
Leave granted.
2. Heard Mr. Pramod Swarup, learned senior
counsel in support of this appeal and Ms. Rachana
Srivastava, learned counsel for the respondent.
3. The respondent having been discontinued from
service moved the Labour Court by raising an
JUDGMENT
industrial dispute. The Labour Court found that the
respondent worked continuously from 5.12.1996 to
1.12.1998 and granted an order of reinstatement with
50% back-wages. The appellant challenged the award
of the Labour Court by filing a writ petition before
the High Court. The High Court left the award
undisturbed and the appellants have, therefore,
filed this appeal by special leave.
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4. Ms. Srivastava, learned counsel appearing for
the respondent submits that the respondent is
prepared to give up the back-wages provided he is
reinstated with continuity of service. Mr. Pramod
Swarup, learned senior counsel appearing for the
appellants has no objection to this suggestion. We
accordingly modify the orders passed by the Labour
Court as also the High Court and direct that the
respondent shall be reinstated in service with
continuity of service though without back-wages.
The appeal is disposed of accordingly.
.........................J
(H.L. GOKHALE)
JUDGMENT
...........................J
(MADAN B. LOKUR)
New Delhi;
July 8, 2013.
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