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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL  NO(S). 6625 OF 2018 [@ SPECIAL LEAVE PETITION (C) NO. 20804 OF 2018]

AJAYAPAL SINGH(D) THROUGH LRS.                Appellant (s)

                               VERSUS

THE ASSOCIATED CEMENT COMPANIES LTD           Respondent(s)

J U D G M E N T KURIAN, J.

1. Leave granted.

2. The  appellant  (since  deceased)  approached  this

Court,  aggrieved  by  his  termination  on  account  of

involvement in a criminal case, which, according to

the  respondent  –  Management,  amounted  to  moral

turpitude.  The appellant was convicted under Section

324 IPC and at the appellate stage, the punishment

was confined only to payment of fine.

3. Sh. C. U. Singh, learned senior counsel appearing

for  the  Management,  points  out  that  the  offence

involved was an attack on the wife of a co-worker.

During the pendency of the appeal before this Court,

the  appellant  expired.   His  legal  representatives

have been brought on record.  The appellant had 13

years of service.  We are also informed that during

the pendency of the proceedings, the appellant had

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been  granted  the  benefits  amounting  to  more  than

Rs.  3  Lakhs  under  Section  17B  of  the  Industrial

Disputes Act, 1947.

4. Having  regard  to  the  entire  facts  and

circumstances of the case, we are of the view that

the  interest of  justice would  be met  and complete

justice  would  be  done  in  case  the  legal

representatives  of  the  appellant,  who  have  been

substituted, are granted a monetary compensation to

the  tune  of  Rs.  3,00,000/-  (Rupees  Three  Lakhs).

Ordered accordingly.

5. The  above  amount  shall  be  paid  to  the  legal

representatives of the appellant, who have come on

record, within four weeks from today.  We make it

clear that this Judgment is passed in the peculiar

facts and circumstances of this case and therefore,

not to be treated as a precedent.

6. In view of the above, this appeal is disposed of.

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

.......................J.               [ SANJAY KISHAN KAUL ]  

New Delhi; July 12, 2018.