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

CIVIL APPEAL NOS.5965-5966 OF 2016 (Arising out of SLP ( C) Nos. 28170-28171 of 2015)

KRUSHNA NARAYAN WANJARI                   PETITIONER                                 VERSUS

THE JAI BHARTI SHIKSHAN SANSTHA,  HINGANGHAT THROUGH ITS SECRETARY AND ANR. RESPONDENTS

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

 1. Leave granted.

2. The limited question that arises in these cases is with regard  to  the  back  wages  payable  to  the  appellant.   The Industrial  Tribunal,  Maharashtra  allowed  the  complaint  and directed the respondent to pay salary to the appellant for the period from March, 1996 to September, 1997 and December, 2001 to October, 2002.

3. The High Court took the view that the Muster Rolls do not indicate that the complainant was present for performing the  duties.   Though,  the  appellant  attempted  a  review  by producing  numerous  documents,  the  High  Court  refused  to entertain the same.

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4. Having  regard  to  the  fact  that  the  documents  were produced before the High Court, we are of the view that the High Court was not justified in refusing to look into the same. Afterall,  the  Industrial  Court  had  looked  into  the  entire materials and had awarded the salary for the disputed period. Unless the approach is wholly perverse in the sense that the Tribunal acted on no evidence, the High Court under Article 226/227 is not justified in interfering with the award.  It is not  a  court  of  first  appeal  to  reappreciate  the  evidence. Therefore, the appeal is allowed and the impugned orders are set  aside  and  the  order  dated  14.03.2012   passed  by  the Industrial Court, Nagpur Bench, Maharashtra is restored.

5. Learned counsel for the Management submits that being a hundred per cent grant-in-aid institution, the liability is on the  State.  There  cannot  be  any  quarrel  with  the  above submission.  The amounts that have to be paid as per the order of the Industrial Court, Maharashtra being the salary, are to be paid by the State.  The amounts due as per the Industrial Court's award, shall be paid within a period of three months from the date of production of a copy of this judgment before the Education Officer, failing which, the same would carry 12% interest from the date of order of the Industrial Court and the officers concerned would personally be liable for the same.

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6. The appeals are disposed of with no order as to costs.

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

     .......................J.                 [ROHINTON FALI NARIMAN]

NEW DELHI;  JULY 08, 2016

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