Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 1840/2018
(ARISING FROM SLP (C) NO.29788/2014)
BABURAO DADU SANKPAL(D) THR L.Rs. APPELLANT(S)
VERSUS
| KOLHAPUR & ORS. RESPONDENT(S) | ||
|---|---|---|
| J U D G M E N T | ||
| KURIAN, J. | ||
| ture Not Verified<br>lly signed by<br>NDRA PRASAD<br>2018.02.17<br>:02 IST<br>on: | ||
| Leave granted. | ||
| 2. The legal representatives of the deceased-Baburao<br>Dadu Sankpal are before this Court. The deceased was<br>an employee in the Respondent No.1 Sangh and he was<br>terminated from service on the ground of unauthorized<br>absence. He entered the service in 1986 and,<br>according to the Management of the respondent No.1,<br>he was absent from October, 1994. In 1996, the<br>deceased was terminated from service. He approached<br>the Labour Court. The Labour Court set aside the<br>punishment holding also that it was disproportionate.<br>The Management moved the Industrial Court, which set<br>aside the Award passed by the Labour Court and took |
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the view that the punishment was not
disproportionate. That view was upheld by the High
Court.
3. During the pendency of the proceedings before the
High Court, it appears, the workman expired in the
year 2013 and thus legal representatives of the
deceased are on the party array.
4. Having heard the learned counsel on both the
sides and having regard to the fact that the alleged
termination is of the year 1996 and also that it has
come in evidence that the deceased owned a truck, we
are of the view that the interest of justice would be
subserved in case a reasonable compensation is
awarded to the legal representatives of the deceased.
5. Accordingly, this appeal is disposed of, having
regard to the facts and circumstances of the case,
with a direction to Respondent No.1 to pay one-time
compensation of Rs.2,00,000/- (Rupees Two Lacs) in
respect of the entire claims arising out of the
service of the deceased-Baburao Dadu Sankpal under
Respondent No.1. The amount, as above, shall be paid
within a period of three months.
6. We make it clear that there shall not be any
other claim in respect of the service of the
deceased-Baburao Dadu Sankpal.
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| 7. Pending applications, if any, shall stand<br>disposed of. | |
|---|---|
| 8. There shall be no orders as to costs. | |
| ..........................J. | |
| [KURIAN JOSEPH] | |
| ..........................J. | |
| [MOHAN M. SHANTANAGOUDAR] | |
| NEW DELHI; | |
| FEBRUARY 12, 2018. |
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