State of Uttarakhand & Ors. v. Suman Pal

Supreme Court of India · 04 Jan 2016
Anil R. Dave; Adarsh Kumar Goel
CIVIL APPEAL NO.5 OF 2016
labor appeal_partly_allowed Significant

AI Summary

The Supreme Court held that reinstatement with backwages is not just for a daily wager relieved years ago and awarded a lump-sum compensation instead.

Full Text
Translation output
Page 1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.5 OF 2016
(Arising out of SLP(C)No.34192 of 2014)
STATE OF UTTARAKHAND & ORS. ... APPELLANT(S)
VS.
SUMAN PAL ... RESPONDENT(S)
JUDGMENT
ANIL R. DAVE, J.

1. Leave granted.

2. Heard the learned counsel and perused the record.

3. Upon perusal of the record, we find that reinstatement with 50% backwages would not be just. Therefore, we modify the impugned judgment to the effect that a lump-sum amount of Rs.[2] lakhs (Rupees two lakhs only) be paid to the respondent, a daily wager, as he was not regularly appointed and he was relieved before several years.

4. The afore-stated amount of Rs.[2] lakhs shall be paid within three months from today and the respondent shall not have any further right. Page 2

4. The impugned order is set aside and the appeal is disposed of as partly allowed. Pending application, if any, stands disposed of ............... J. [ANIL R. DAVE] .............. J. [ADARSH KUMAR GOEL] New Delhi; 4th January, 2016.