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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 94 OF 2017

[@ SPECIAL LEAVE PETITION (C) NO. 37030 OF 2013  H.V.P.N LTD & ORS                             Appellant(s)

                               VERSUS BAL GOVIND                                    Respondent(s)

J U D G M E N T

KURIAN, J. 1. Leave granted.   2. The  appellants  have  approached  this  Court aggrieved by the Award passed by the Labour Court and confirmed by the High Court, wherein the workman was directed to be reinstated with 50% backwages.   3. The  respondent  happened  to  be  terminated  from service on account of his involvement in a criminal case.  It is seen that conferring benefit of doubt, he has been acquitted in the case and, thereafter, he has  been  reinstated.   The  appellants,  therefore, contend that the respondent was kept out of service only on account of his involvement in the criminal case,  as  warranted  by  the  Service  Regulations concerned  and  hence,  there  is  no  justification  in granting him backwages.  4. Be  that  as  it  may,  it  is  seen  that  even  the request in the notice sent by the respondent was only

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for the salary for the month of August, 1992.  Even otherwise,  in  the  background  of  the  case  we  have referred to above, we find no justification in the respondent's getting backwages.  The workman happened to  be  out  of  service  only  on  account  of  his involvement in a criminal case, as warranted by the Service Rules. 5. While issuing notice on 17.12.2013, we had made it  clear  that  the  scope  is  limited  only  to  the question of backwages.   6. In the above circumstances, the appeal is allowed to the extent that the respondent will be entitled to all service benefits including continuity of service, except any backwages. 7. The learned counsel for the respondent submits that there is a proposal for regularisation.  It is for the respondent to approach the appellants and we express no opinion on that aspect.

No costs.       .......................J.

             [ KURIAN JOSEPH ]  

.......................J.               [ A. M. KHANWILKAR ]  

New Delhi; January 04, 2017.