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Monday, September 14, 2015

The respondent was employed as a Chowkidar on daily wage basis and for some reasons he was discontinued in the year 1994. More than 14 years thereafter, he approached the competent authorities under the Industrial Disputes Act and by the Award dated 17.08.2012 passed by the Labour Court,= Looking at the facts of the case and in view of the fact that the respondent was appointed on daily wage basis and had approached the authorities after more than 14 years, we direct that by way of final settlement, instead of reinstatement as a daily wager, the respondent be paid a sum of Rs. 2 lacs, in addition to what has already been paid to him when the notice had been issued. The Award dated 17.08.2012 in Reference Case No. 65/2009/ID Act passed by the Labour Court, Ujjain, M.P. and confirmed by the High Court stands modified accordingly. The aforesaid amount shall be paid by the appellant to the respondent within eight weeks from the date of receipt of a copy of this Order.

                                                              NON-REPORTABLE


                        IN THE SUPREME COURT OF INDIA

                        CIVIL APPELLATE JURISDICTION

                      CIVIL APPEAL NO(s). 6650 OF 2015
                (ARISING OUT OF S.L.P. (C) No. 27113 of 2014)

STATE OF M.P.                           ... APPELLANT(S)

     VERSUS

MOHAN LAL                               ...RESPONDENT(S)



                       J U D G M E N T


      Leave granted.
      The respondent was employed as a Chowkidar on  daily  wage  basis  and
for some reasons he was discontinued in the year 1994. More  than  14  years
thereafter, he approached the competent  authorities  under  the  Industrial
Disputes Act and by the Award dated 17.08.2012 passed by the  Labour  Court,
it was directed that he should be reinstated in service without back  wages.
The said Award has been upheld by the High Court.

      Being aggrieved by the order passed by the High Court,  the  appellant
has approached this Court.

      Heard the learned counsel for the parties. In view of the Order  dated
15.09.2014 passed by this Court in Civil Appeal No. 9675 of 2014  titled  as
“State of M.P. & Anr.  vs.  Vinod Kumar Tiwari”, in our considered  opinion,
it is  a  fit  case  where  some  compensation  should  be  awarded  to  the
respondent instead of directing  the  appellant  to  reinstate  him  to  his
position as a daily wage Chowkidar.

      Looking at the facts of the case and in view  of  the  fact  that  the
respondent was  appointed  on  daily  wage  basis  and  had  approached  the
authorities after more than 14  years,  we  direct  that  by  way  of  final
settlement, instead of reinstatement as a daily wager,   the  respondent  be
paid a sum of  Rs. 2 lacs, in addition to what has already been paid to  him
when the notice had been issued.

      The Award dated  17.08.2012  in  Reference  Case  No.  65/2009/ID  Act
passed by the Labour Court, Ujjain, M.P. and confirmed  by  the  High  Court
stands modified accordingly. The aforesaid  amount  shall  be  paid  by  the
appellant to the respondent within eight weeks from the date of  receipt  of
a copy of this Order.

      The appeal is allowed with no order as to costs.


                                               ...........................J.
                                        (ANIL R. DAVE)



                                                ..........................J.
                                         (ADARSH KUMAR GOEL)
        NEW DELHI,
        AUGUST 28, 2015

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