Full Judgment Text
1
NON
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.4145 /2009
(Arising out of SLP© No.21169 of 2007)
M/s.Bharat Coking Coal Ltd.
Through Management ..Appellant
Versus
National Coal Workers Congress
Through Vice President Respondent
J U D G M E N T
TARUN CHATTERJEE,J.
1. Leave granted.
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2. At the time of admission of this special leave petition on 29 of
October, 2007, limited notice was issued relating to the question of
back wages.
3. After notice, the matter came up for final disposal on the
limited question as referred to herein above.
4. We have heard the learned counsel for the parties and
examined the impugned order as well as the award passed by the
Central Government Industrial Tribunal No.1 Dhanbad. It is true that
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the respondent-workman was found to have been entitled to back
wages for the period for which he had not worked.
5. Having heard the learned counsel for the parties and after
considering the materials on record and in the facts and
circumstances of the case and in view of the fact that the employee
did not work for a considerable period of time, we are of the view
that instead of full back wages to be paid to the workman, the
Management may be directed to pay 50% of the back wages
instead of full back wages to him within four months form the date of
supply of a copy of this order to it. Accordingly, the order of the High
Court and the award are modified to the above extent. The
respondent is now entitled to 50% of the back wages instead of full
back wages as noted herein above.
6. With this modification of the award, the appeal is disposed of.
There will be no order as to costs.
………………………….J.
[Tarun Chatterjee]
New Delhi; ………………………….J.
July 07, 2009. [H.L.Dattu]