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IN THE SUPREME COURT OF INDIA
CIVIL APPEAL NO. 5351 OF 2013
(Arising out of SLP(C) No.30940/2012)
STATE OF U.P. Appellant(s)
:VERSUS:
GAMAL YADAV Respondent(s)
Leave granted.
ORDER
2. Heard Mr. Vikrant Yadav, learned counsel in support of this appeal and Ms. Rachana Srivastava, learned counsel for the respondent.
3. The respondent was working in the establishment of the appellant for about 20 years and on being discontinued, he approached the Labour Court. The Labour Court passed an award in his favour by directing reinstatement with 50% backwages. The appellant challenged the award of the Labour Court before the High Court and the High Court left the award undisturbed. The appellant has, therefore, filed this appeal by special leave. Page 2 -2-
4. Counsel for the appellant submits that the activity in the establishment of the appellant related to taking out silk from silk worms and it is not an 'industry'. This Court has granted stay of the impugned order. The respondent is ready for an appropriate settlement on monetary aspect. The parties leave to the Court to pass appropriate order.
5. In our view, the impugned order of award can be modified by granting 25% back-wages. We accordingly modify the orders passed by the Labour Court as also the High Court and direct that the respondent shall be reinstated in service with continuity of service and 25% back-wages. However, the question of law raised in this appeal shall remain open. The appeal is disposed of accordingly..........................J (H.L. GOKHALE)...........................J (MADAN B. LOKUR) New Delhi; July 8, 2013.