Case Note & Summary
The case involved an appeal by the State of Haryana through its Manager, Haryana Roadways against a judgment from the High Court of Punjab & Haryana. The High Court had partly allowed the appeal concerning the re-employment and back wages of the respondent, Krishan Lal, who was terminated on June 30, 1996. The High Court's order modified the original award to entitle the respondent to re-employment from the date another workman was employed after his termination and granted him 50% back wages from the date of the demand notice. During the Supreme Court hearing, the counsel for both parties referred to a previous order from February 6, 2009, where the Supreme Court had similarly modified a High Court order, reducing back wages to 30%. The Supreme Court decided to uphold the principle established in the earlier case, directing the appellants to reinstate the respondent within one month and to pay him 30% of the back wages within three months. The appeal was dismissed with the modification of the High Court's order, and no costs were awarded.
Headnote
A) Employment Law - Re-employment - Modification of Back Wages - Code of Civil Procedure, 1908 - The court modified the High Court's order regarding back wages from 50% to 30% and directed re-employment of the respondent within one month. The decision was based on a similar case where the Supreme Court had previously ruled on the matter, ensuring the respondent's rights were upheld while adjusting the financial compensation (Paras 3-5).
Issue of Consideration
Whether the respondent is entitled to re-employment and back wages as per the modified order of the High Court.
Final Decision
The Supreme Court modified the High Court's order, directing the reinstatement of the respondent within one month and awarding him 30% of back wages to be paid within three months. The appeal was dismissed with no order as to costs.
Law Points
- Re-employment
- Back wages
- Modification of award
