Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.7174 OF 2015
(Arising out of SLP (C) No.25263/2013)
U.P STATE ELECTRICITY BOARD & ANR. PETITIONERS
VERSUS
HYDRO ELECTRIC EMPLOYEES UNION & ANR. RESPONDENTS
J U D G M E N T
Leave granted.
The appellant-Management approached this Court aggrieved
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by the Award dated 30 October, 1991 passed by the Labour
Court-II, U.P., Rampur, directing reinstatement of the two
workmen represented by the Respondent No.1-Union. The same
was challenged before the High Court in the year 1992. The
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writ petition was finally decided on 23 May, 2013, leading
to the impugned judgment. The High Court dismissed the writ
petition filed by the Management. When the matter came up
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before this Court, on 23 August, 2013, this Court stayed
the further proceedings subject to the reinstatement of the
workmen concerned.
Heard the learned counsel for the Management and also
the learned counsel appearing for the respondents. We are
of the view that there is no justification in the claim made
by the respondent-union for back wages from the date of
termination.
Having regard to the facts and circumstances of the
case, we feel that the interest of justice would be served
if the back wages are limited to the period from the date of
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the Award.
Accordingly, the appeal is disposed of declaring that
the workmen concerned are entitled to the back wages with
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effect from 30 October, 1991.
Needless to say that the Award will operate with
regard to the continuity of service etc., from the date
granted by the Labour Court.
The eligible benefits shall be disbursed within a
period of one month from the date of receipt of this
Judgment.
…...................J.
[KURIAN JOSEPH]
…...................J.
[ARUN MISHRA]
NEW DELHI;
SEPTEMBER 14, 2015
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