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

CIVIL APPEAL  NO(S). 1840/2018 (ARISING FROM SLP (C) NO.29788/2014)

BABURAO DADU SANKPAL(D) THR L.Rs.                   APPELLANT(S)                                 VERSUS

KOLHAPUR ZILLA SAHAKARI DOODH UTPADAK SANGH,  KOLHAPUR & ORS.   RESPONDENT(S)

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

Leave granted. 2. The legal representatives of the deceased-Baburao Dadu Sankpal are before this Court.  The deceased was an employee in the Respondent No.1 Sangh and he was terminated from service on the ground of unauthorized absence.   He  entered  the  service  in  1986  and, according to the Management of the respondent No.1, he  was  absent  from  October,  1994.   In  1996,  the deceased was terminated from service.  He approached the Labour Court.  The Labour Court set aside the punishment holding also that it was disproportionate. The Management moved the Industrial Court, which set aside the Award passed by the Labour Court and took

1

the  view  that  the  punishment  was  not disproportionate.  That view was upheld by the High Court. 3. During the pendency of the proceedings before the High Court, it appears, the workman expired in the year  2013  and  thus  legal  representatives  of  the deceased are on the party array. 4. Having  heard  the  learned  counsel  on  both  the sides and having regard to the fact that the alleged termination is of the year 1996 and also that it has come in evidence that the deceased owned a truck, we are of the view that the interest of justice would be subserved  in  case  a  reasonable  compensation  is awarded to the legal representatives of the deceased. 5. Accordingly, this appeal is disposed of, having regard to the facts and circumstances of the case, with a direction to Respondent No.1 to pay one-time compensation  of  Rs.2,00,000/-  (Rupees  Two  Lacs)  in respect  of  the  entire  claims  arising  out  of  the service  of  the  deceased-Baburao  Dadu  Sankpal  under Respondent No.1.  The amount, as above, shall be paid within a period of three months. 6. We  make it  clear that  there shall  not be  any other  claim  in  respect  of  the  service  of  the deceased-Baburao Dadu Sankpal.

2

7. Pending  applications,  if  any,  shall  stand disposed of. 8. There shall be no orders as to costs.

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

..........................J.               [MOHAN M. SHANTANAGOUDAR]  NEW DELHI; FEBRUARY 12, 2018.

3