AWADHESH KUMAR SHARMA Vs U.P.S.R.T.C. .
Bench: H.L. GOKHALE,RANJAN GOGOI
Case number: C.A. No.-004103-004103 / 2013
Diary number: 19564 / 2009
Advocates: MANOJ K. MISHRA Vs
PRADEEP MISRA
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 4103 OF 2013
(Arising out of SLP(C) No.10281/2010)
AWADHESH KUMAR SHARMA Appellant(s)
:VERSUS:
U.P.S.R.T.C. & ORS. Respondent(s)
O R D E R
Leave granted.
Learned counsel appearing for the appellant
submits that in the area in which the appellant was
working as a Conductor, the passengers were
habituated not to pay for the bus tickets and many
of them were criminals. Under these circumstances,
the incident of carrying 25 passengers without
ticket was reported against the appellant. The
Labour Court, therefore, had interfered with the
order of termination and granted reinstatement in
service with 50% back-wages. That order of the
Labour Court has been set aside by the High Court.
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We have heard the learned counsel for the
parties. Learned counsel for the appellant submits
that the appellant is keen that he should be
reinstated and he is ready to forgo the back-wages.
Mr. Misra, counsel for the respondents leaves it to
the Court to pass appropriate order. Accordingly,
we allow this appeal to this limited extent, set
aside the order passed by the High Court and restore
the order passed by the Labour Court to the extent
that the appellant will be reinstated with
continuity of service, though without back-wages.
He will, however, be entitled to wages as and when
he joins duty. The respondents will allow the
appellant to join duty within four weeks from
today.
The appeal is disposed of accordingly.
.........................J (H.L. GOKHALE)
.........................J (RANJAN GOGOI)
New Delhi; April 22, 2013.