Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5351 OF 2013
(Arising out of SLP(C) No.30940/2012)
STATE OF U.P. Appellant(s)
:VERSUS:
GAMAL YADAV Respondent(s)
O R D E R
Leave granted.
2. Heard Mr. Vikrant Yadav, learned counsel in
support of this appeal and Ms. Rachana Srivastava,
learned counsel for the respondent.
3. The respondent was working in the
JUDGMENT
establishment of the appellant for about 20 years
and on being discontinued, he approached the Labour
Court. The Labour Court passed an award in his
favour by directing reinstatement with 50% back-
wages. The appellant challenged the award of the
Labour Court before the High Court and the High
Court left the award undisturbed. The appellant has,
therefore, filed this appeal by special leave.
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4. Counsel for the appellant submits that the
activity in the establishment of the appellant
related to taking out silk from silk worms and it is
not an 'industry'. This Court has granted stay of
the impugned order. The respondent is ready for an
appropriate settlement on monetary aspect. The
parties leave to the Court to pass appropriate
order.
5. In our view, the impugned order of award can
be modified by granting 25% back-wages. 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 and 25% back-wages. However,
JUDGMENT
the question of law raised in this appeal shall
remain open.
The appeal is disposed of accordingly.
.........................J
(H.L. GOKHALE)
...........................J
(MADAN B. LOKUR)
New Delhi;
July 8, 2013.
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