Executive Engineer, Public Health Div. Vs. Kumesh - Court Judgment |
| SooperKanoon Citation | sooperkanoon.com/676849 |
| Subject | Labour and Industrial |
| Court | Supreme Court of India |
| Decided On | Feb-25-2008 |
| Case Number | Civil Appeal No. 1663 of 2008 (Arising out of SLP (C) No. 5463 of 2007) (CC No. 12608) |
| Judge | Tarun Chatterjee and; Harjit Singh Bedi, JJ. |
| Reported in | 2008(2)AWC1301(SC); [2008(118)FLR1188]; (2008)IILLJ826SC; 2008(3)SCALE305; (2008)3SCC304 |
| Appellant | Executive Engineer, Public Health Div. |
| Respondent | Kumesh |
| Appellant Advocate | Yash Pal Rangi,; Manjit Singh and; T.V. George, Advs |
| Respondent Advocate | Pallav Shishodia and ; Prabhjit Jauhar, Advs. |
| Prior history | From the final Judgment and Order dated 24.04.2007 of the High Court of Punjab and Haryana in C.W.P. No. 16957 of 2006 |
Excerpt:
labour and industrial - back wages - modification - high court affirmed the award passed by the labour court with 50% back wages to be paid to the respondent - held, the order regarding payment of 50% back wages be modified by 25% of back wages to be paid to the respondent - appeal disposed of. [para 3] - industrial disputes act, 1947. [c.a. no. 14/1947]. schedule 2, item 3: [tarun chatterjee & harjit singh bedi, jj] back wages appeal against award of 50% back wages to respondent/workman considering facts and circumstances supreme court reduced back wages to 25%. - order1. delay condoned.leave granted.2. this appeal is directed against the judgment and final order dt. 24.04.2007 passed by the high court of punjab and haryana at chandiagrh in c.w.p. no. 16957 of 2006 by which the high court has affirmed the award passed by the labour court with 50% back wages to be paid to the respondent.3. considering the facts and circumstances of the case, we are of the view that the order regarding payment of 50% back wages be modified by 25% of back wages to be paid to the respondent. we order accordingly. with this modification, the order of the high court is affirmed. the appeal is disposed of accordingly. there shall be no order as to costs.
Judgment:ORDER
1. Delay condoned.
Leave granted.
2. This appeal is directed against the judgment and final order dt. 24.04.2007 passed by the High Court of Punjab and Haryana at Chandiagrh in C.W.P. No. 16957 of 2006 by which the High Court has affirmed the award passed by the Labour Court with 50% back wages to be paid to the respondent.
3. Considering the facts and circumstances of the case, we are of the view that the order regarding payment of 50% back wages be modified by 25% of back wages to be paid to the respondent. We order accordingly. With this modification, the order of the High Court is affirmed. The appeal is disposed of accordingly. There shall be no order as to costs.