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

CIVIL APPEAL NO.7174 OF 2015 (Arising out of SLP (C) No.25263/2013)

U.P STATE ELECTRICITY BOARD & ANR.              PETITIONERS                                 VERSUS

HYDRO ELECTRIC EMPLOYEES UNION & ANR.           RESPONDENTS

J U D G M E N T  

Leave granted. The appellant-Management approached this Court aggrieved

by the Award  dated  30th October, 1991 passed by the Labour Court-II, U.P., Rampur, directing reinstatement of the two workmen represented by the Respondent No.1-Union. The same was challenged before the High Court in the year 1992.  The writ petition was finally decided on 23rd May, 2013, leading to the impugned judgment.  The High Court dismissed the writ petition filed by the Management.  When the matter came up before this Court, on 23rd August, 2013, this Court stayed the further proceedings subject to the reinstatement of the workmen concerned.   

Heard the learned counsel for the Management and also the learned counsel appearing for the respondents.  We are of the view that there is no justification in the claim made by  the respondent-union  for back  wages from  the date  of termination.   

Having regard to the facts and circumstances of the case, we feel that the interest of justice would be served if the back wages are limited to the period from the date of

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the Award. Accordingly, the appeal is disposed of declaring that

the workmen concerned are entitled to the back wages with effect from 30th October, 1991.

Needless  to  say  that  the  Award  will  operate  with regard  to  the  continuity  of  service  etc.,  from  the  date granted by the Labour Court.

The  eligible  benefits  shall  be  disbursed  within  a period  of  one  month  from  the  date  of  receipt  of  this Judgment.

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

…...................J. [ARUN MISHRA]

NEW DELHI; SEPTEMBER 14, 2015

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