PREM NARAIN Vs. M/S SWADESHI COTTON MILLS, JUHI & ANR.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 1403 of 2016, Judgment Date: Feb 15, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION


                        CIVIL APPEAL NO. 1403 OF 2016
               [@ SPECIAL LEAVE PETITION (C) NO. 5241 OF 2013]


PREM NARAIN                                                     Appellant(s)

                                VERSUS

M/S SWADESHI COTTON MILLS, JUHI & ANR.                         Respondent(s)


                               J U D G M E N T


KURIAN, J.
1.    Leave granted.
2.     The  appellant  was  terminated  from  the  services  of  the   first
respondent  on  31.10.1991.   The  Labour  Court,  Kanpur,  set  aside   the
termination of the appellant by its award published on 04.10.1997.   In  the
meanwhile, the appellant had already attained the age of  superannuation  on
01.07.1997.
3.    The award on reinstatement  was  not  challenged  by  the  respondent-
Management.   The  only  ground  taken  before  the  High  Court  was  their
liability to pay backwages.
4.    The High Court, taking note of the fact that by the  time,  the  award
was published,  the  appellant-workman  had  already  attained  the  age  of
superannuation, set aside the award and allowed the writ petition.

5.    Feeling  aggrieved  by  the  order  passed  by  the  High  Court,  the
appellant has filed the  present  petition  by  special  leave  before  this
Court.
6.    We fail to understand the reasoning and  approach  made  by  the  High
Court.  Once the Management does not have any  grievance  on  the  award  on
reinstatement and the grievance was limited  only  to  backwages,  the  High
Court should not have set aside the award as  such.  Appropriate  orders  on
backwages alone were permissible at the hands of the High Court.
7.    Be that as it may, taking note of the pleadings available  on  record,
we direct that the appellant would be entitled to  50%  backwages  from  the
date of termination till the date of superannuation.
8.    Needless also to say, he would be deemed to have continued in  service
and superannuated on  01.07.1997  for  all  other  benefits.   All  eligible
benefits due to the appellant  in  the  light  of  this  Judgment  shall  be
computed and paid to the appellant within three months from  today  and  any
default in making the payment, as aforesaid, shall  carry  interest  at  the
rate of 18% from the date of termination till the date of payment.



9.    With  the  aforesaid  observations  and  directions,  this  appeal  is
disposed of with no order as to costs.

                                                   .......................J.
                                                           [ KURIAN JOSEPH ]


                                                   .......................J.
                                                   [ ROHINTON FALI NARIMAN ]

      New Delhi;
      February 15, 2016.