TALUKDAR SINGH Vs TATA ENGINEERING AND LOCOMOTIVE CO. LTD
Bench: T.S. THAKUR,V. GOPALA GOWDA,R. BANUMATHI
Case number: C.A. No.-005701-005701 / 2015
Diary number: 26748 / 2014
Advocates: S. RAVI SHANKAR Vs
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REPORTABLE
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5701 OF 2015 (Arising out of S.L.P. (C) No. 26629/2014)
SHRI TALUKDAR SINGH ...Appellant
Versus
TATA ENGINEERING & LOCOMOTIVE CO. Ltd. ...Respondent
J U D G M E N T
R. BANUMATHI, J .
Leave granted.
2. This appeal arises out of the order passed by the High
Court of Bombay in Writ Petition No.3646 of 2001 dated
19.06.2014, in and by which, the High Court enhanced the
retrenchment compensation of Rs.6,049/- awarded by the Labour
Court to Rs. 1,00,000/- without any interest.
3. A charge-sheet dated 07.05.1988 was issued to the
appellant for committing the misconduct of slapping his colleague,
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Mr. Kunjumon who was working with the respondent-company. An
enquiry was conducted against the appellant and the services of
the appellant were terminated on 07.05.1990. The appellant
challenged his termination and a reference was made to the Labour
Court, Pune. By the award dated 28.02.2000, Labour Court held
that the enquiry against the appellant was fair and proper and the
misconduct was proved. However, the Labour Court held that the
punishment of dismissal from service was shockingly
disproportionate and awarded retrenchment compensation of
Rs.6,049/- to the appellant. Being aggrieved, the appellant filed
writ petition contending that the punishment of dismissal was
harsh and that the retrenchment compensation of Rs. 6,049/-
awarded was no compensation at all. By the impugned judgment,
the High Court while upholding the punishment of dismissal,
enhanced the compensation to Rs.1,00,000/- minus
Rs.6,049/- which was already paid to the appellant. Still aggrieved,
the appellant has preferred this appeal.
4. We have heard Mr. S. Ravi Shankar, the learned
counsel for the appellant and the Learned Senior Counsel Mr.
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C.U. Singh, appearing for the respondent-management and
perused the impugned judgment and material on record.
5. The short question is whether the compensation of
Rs.1,00,000/- awarded by the High Court is to be enhanced.
Appellant who was an ex-serviceman was employed with the
respondent-company as a Turner in the Auto Division w.e.f.
09.01.1978 drawing monthly wage of Rs.2,621/- and he worked till
he was terminated on 07.05.1990. It is seen from the record that
Mr. Kunjumon used harsh words and shoved the appellant
towards the door and evidence would show that it was not a
premeditated attack on Mr. Kunjumon. Both the Labour Court as
well as the High Court recorded concurrent findings of fact that the
misconduct of the appellant was proved on the basis of the
evidence and that the punishment of dismissal was shockingly
disproportionate. When the Labour Court passed the award, the
appellant was about 59 years and he attained the age of
superannuation in the year 2002. Considering the number of years
which the appellant worked with the respondent and the facts and
circumstances of the case, we are of the view that the interest of
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justice would be met if the compensation of Rs.1,00,000/- is
enhanced to Rs.5,00,000/- which is inclusive of the compensation
awarded by the High Court. The judgment of Bombay High Court is
accordingly modified and the compensation is enhanced to
Rs.5,00,000/- which shall be payable by the respondent within a
period of eight weeks and in the event of default the same shall be
payable with interest at the rate of 9% p.a. and the appeal is partly
allowed. No order as to costs.
…………………………J. (T.S. THAKUR)
…………………………J. (V.GOPALA GOWDA)
…………………………J. (R. BANUMATHI)
New Delhi; July 24, 2015
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ITEM NO.1H-For Judgment COURT NO.2 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS C.A. No. 5701/2015 @ Petition(s) for Special Leave to Appeal (C) No(s). 26629/2014 (Arising out of impugned final judgment and order dated 19/06/2014 in WP No. 3646/2001 passed by the High Court Of Bombay) TALUKDAR SINGH Petitioner(s) VERSUS TATA ENGINEERING AND LOCOMOTIVE CO. LTD Respondent(s) Date : 24/07/2015 This appeal was called on for pronouncement of JUDGMENT today. For Petitioner(s) Mr. S. Ravi Shankar,Adv. For Respondent(s) Mr. C.U. Singh, Sr. Adv.
Mr. Debmalya Banerjee, Adv. Mr. Aman Singh, Adv. Mr. Manish Sharma, Adv. Mrs. Manik Karanjawala
For M/s. Karanjawala & Co.
Hon'ble Mrs. Justice R. Banumathi pronounced the judgment of the Bench comprising Hon'ble Mr. Justice T.S. Thakur, Hon'ble Mr. Justice V. Gopala Gowda and Hon'ble Mrs. Justice R. Banumathi.
Leave granted. The appeal is partly allowed in terms of the Signed
Reportable Judgment.
(VINOD KR.JHA) (VEENA KHERA) COURT MASTER COURT MASTER
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(Signed Reportable judgment is placed on the file)
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