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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.11772 OF 2016 [ARISING FROM SPECIAL LEAVE PETITION (C) NO.5560/2016]

VASHRAMBHAI DHANABHAI VEGAD    APPELLANT(S)                                 VERSUS

STATE OF GUJARAT AND ORS. RESPONDENT(S)

J U D G M E N T KURIAN, J. 1. Leave granted.   2. The appellant is aggrieved since the award in his favour has been interfered by the High Court.   As per  the  Award  passed  by  the  Labour  Court,  the appellant was to be reinstated in service with 20% back-wages.   However,  as  per  the  High  Court,  a lumpsum  compensation  of  Rs.50,000/-  (Rupees  Fifty Thousand) was just and proper. 3. Having  heard  the  learned  counsel  for  both  the sides and having gone through the materials on record and taking note of the fact that for twenty years, though  intermittently,  the  appellant  had  been working, the compensation awarded by the High Court is too meager. 4. Therefore, though we agree with the High Court that the reinstatement is not the proper relief that should  have  been  granted  to  the  appellant,  a compensation  to  the  tune  of  Rs.5,00,000/-  (Rupees Five Lacs) would be just and proper in the peculiar facts  of  the  case  without  being  treated  as  a precedent.  Ordered accordingly.

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5. The amount shall be paid within two months from today.  If the said amount is not paid within the time granted, the appellant is entitled to interest @ 12% per annum and the persons concerned for the delay shall be held personally responsible. 6. With the above observations and directions, the appeal stands disposed of. 7. Pending applications, if any, stand disposed of. 8. No costs.

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

.......................J.               [ ROHINTON FALI NARIMAN ]  NEW DELHI; DECEMBER 05, 2016.

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