Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.11772 OF 2016
[ARISING FROM SPECIAL LEAVE PETITION (C) NO.5560/2016]
VASHRAMBHAI DHANABHAI VEGAD APPELLANT(S)
VERSUS
STATE OF GUJARAT AND ORS. RESPONDENT(S)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The appellant is aggrieved since the award in his
favour has been interfered by the High Court. As
per the Award passed by the Labour Court, the
appellant was to be reinstated in service with 20%
back-wages. However, as per the High Court, a
lumpsum compensation of Rs.50,000/- (Rupees Fifty
Thousand) was just and proper.
3. Having heard the learned counsel for both the
sides and having gone through the materials on record
JUDGMENT
and taking note of the fact that for twenty years,
though intermittently, the appellant had been
working, the compensation awarded by the High Court
is too meager.
4. Therefore, though we agree with the High Court
that the reinstatement is not the proper relief that
should have been granted to the appellant, a
compensation to the tune of Rs.5,00,000/- (Rupees
Five Lacs) would be just and proper in the peculiar
facts of the case without being treated as a
precedent. Ordered accordingly.
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5. The amount shall be paid within two months from
today. If the said amount is not paid within the
time granted, the appellant is entitled to interest @
12% per annum and the persons concerned for the delay
shall be held personally responsible.
6. With the above observations and directions, the
appeal stands disposed of.
7. Pending applications, if any, stand disposed of.
8. No costs.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ ROHINTON FALI NARIMAN ]
NEW DELHI;
DECEMBER 05, 2016.
JUDGMENT
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