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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.

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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.

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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.