Shyamali Chatterjee v. Municipal Corporation, Bhilai

Supreme Court of India · 14 May 2018
Kurian Joseph; Mohan M. Shantanagoudar
Civil Appeal Nos. 5148-5149/2018
labor appeal_allowed Significant

AI Summary

The Supreme Court enhanced the compensation awarded for illegal termination of a daily wager, emphasizing fair quantum and interest from the date of termination.

Full Text
Translation output
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 5148-5149/2018
(ARISING FROM SLP (C) NOS.433-434/2015)
SHYAMALI CHATTEREJEE APPELLANT(S)
VERSUS
MUNICIPAL CORPORATION, BHILAI RESPONDENT(S)
JUDGMENT
KURIAN, J.
Leave granted.

2. The appellant is before this Court aggrieved by the reduction of one-time compensation in lieu of reinstatement on account of the alleged illegal termination. It is fairly clear from the facts that the appellant had worked for about 15 years as a daily wager. The Labour Court had granted Rs.5,00,000/- (Rupees Five Lacs) whereas the High Court reduced it to Rs.2,00,000/- (Rupees Two Lacs).

3. Having regard to the entire facts and circumstances of the case, we are of the view that the appellant should be entitled to an additional amount of Rs.1,50,000/- (Rupees One Lac Fifty Thousand).

4. Therefore, these appeals are disposed of directing the respondent/Municipal Corporation to pay, within a period of two months, Rs.1,50,000/- (Rupees One Lac Fifty Thousand) with interest @ 6% per annum from the date of termination. In case, the amount, as granted by the High Court, has not been released to the appellant, the same shall also be released, however, without interest, since the Municipal Corporation has already tendered that money.

5. The appeals are, accordingly, disposed of.

6. Pending applications, if any, shall stand disposed of.

7. There shall be no orders as to costs ........................ J. [KURIAN JOSEPH] ........................ J. [MOHAN M. SHANTANAGOUDAR] NEW DELHI; MAY 14, 2018.