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

CIVIL APPEAL NOS.5103-5104 OF 2017 [@ SPECIAL LEAVE PETITION (C) NOS. 14479-14480 OF 2016]

SARYUG SINGH (DEAD) THROUGH LRS. APPELLANT(S)

                               VERSUS

NATIONAL SEEDS CORPORATION AND ANR. RESPONDENT(S)

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

Leave granted. 2. The appellants challenge the order passed by the High Court wherein the total compensation has been worked  out  in  terms  of  money  and  limited  only  to Rs.50,000/- (Rupees Fifty Thousand). 3. According  to  the  appellants,  as  per  the  order passed  by the  Labour Court  and the  learned Single Judge  of  the  High  Court  the  deceased  employee  is entitled to back wages for a period of 23 years. 4. Having heard the learned counsel for the parties and having gone through the pleadings, it is fairly clear that it is a case of voluntary relinquishment of service.  There is no case for the appellants that

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despite reporting for duty, the deceased employee was not  permitted  to  join  duty  after  1986.  On  the contrary,  it  is  seen  from  the  records  that  the termination  was  after  the  publication  of advertisement in the newspaper requiring the deceased employee  to report  for duty,  failing which  he was liable to be terminated. 5. In that view of the matter, we wholly agree with the  High  Court  that  the  deceased  employee  is  not entitled  to the  back wages  for the  entire period. Having regard to the fact that the employee is no more  and  his  widow  and  children  are  before  this Court, we direct Respondent No.1 to pay a further sum of Rs.1,00,000/- (Rupees One Lac) in full and final settlement  of  the  entire  claims  of  the  deceased employee.  The said amount shall be paid to appellant No.1(i)/Nirmala  Prasad  Singh,  wife  of  the  deceased employee, within a period of six weeks. 6. We  make it  clear that  in case  the amount,  as above, is not paid within the time granted, it shall carry interest at the rate of 12% per annum from the date  of  death  of  the  deceased  employee  and  the officer responsible for the delay shall be personally liable for it. 7. The appeals are, accordingly, disposed of.

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8. Pending  applications,  if  any,  shall  stand disposed of. 9. There shall be no orders as to costs.

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

.......................J.               [R. BANUMATHI]  

NEW DELHI; APRIL 10, 2017.

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