28 August 2015
Supreme Court
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STATE OF M.P. Vs MOHAN LAL

Bench: ANIL R. DAVE,ADARSH KUMAR GOEL
Case number: C.A. No.-006650-006650 / 2015
Diary number: 24026 / 2014
Advocates: MISHRA SAURABH Vs


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Civil Appeal No. 6650 of 2015                               1

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO(s). 6650 OF 2015   (ARISING OUT OF S.L.P. (C) No. 27113 of 2014)

STATE OF M.P.           ... APPELLANT(S)

    VERSUS

MOHAN LAL                         ...RESPONDENT(S)

J U D G M E N T

Leave granted.

The respondent was employed as a Chowkidar on daily

wage basis and for some reasons he was discontinued in

the  year  1994.  More  than  14  years  thereafter,  he

approached  the  competent  authorities  under  the

Industrial  Disputes  Act  and  by  the  Award  dated

17.08.2012 passed by the Labour Court, it was directed

that he should be reinstated in service without back

wages.  The  said  Award  has  been  upheld  by  the  High

Court.  

Being aggrieved by the order passed by the High

Court, the appellant has approached this Court.

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Civil Appeal No. 6650 of 2015                               2

Heard the learned counsel for the parties. In view

of the Order dated 15.09.2014 passed by this Court in

Civil Appeal No. 9675 of 2014 titled as  “State of

M.P.  &  Anr.  vs.   Vinod  Kumar  Tiwari”,  in  our

considered  opinion,  it  is  a  fit  case  where  some

compensation  should  be  awarded  to  the  respondent

instead of directing the appellant to reinstate him to

his position as a daily wage Chowkidar.

Looking at the facts of the case and in view of the

fact that the respondent was appointed on daily wage

basis and had approached the authorities after more

than  14  years,  we  direct  that  by  way  of  final

settlement, instead of reinstatement as a daily wager,

the  respondent  be  paid  a  sum  of   Rs.  2  lacs,  in

addition to what has already been paid to him when the

notice had been issued.  

The Award dated 17.08.2012 in Reference Case No.

65/2009/ID  Act  passed  by  the  Labour  Court,  Ujjain,

M.P. and confirmed by the High Court stands modified

accordingly. The aforesaid amount shall be paid by the

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Civil Appeal No. 6650 of 2015                               3

appellant to the respondent within eight weeks from

the date of receipt of a copy of this Order.

The appeal is allowed with no order as to costs.

...........................J.                   (ANIL R. DAVE)

..........................J.                         (ADARSH KUMAR GOEL)

 NEW DELHI,   AUGUST 28, 2015