Leave granted.
Having heard learned counsel for the respective parties, we are of the
view that this matter should be given a quietus after all these years of litigation.
The appellant had obtained Award in his favour for reinstatement and a lumpsum
amount of Rs.5000/- towards back-wages. It was, however, indicated in the Award
that in the event the appellant was not reinstated, he would be paid his entire back-
wages.
Although, it has been contended on behalf of the appellant that he was never
reinstated in terms of the Award, it is the case of the respondent that he was
allowed to join but he was not given any work or paid any salary on
account of the fact that the company had made a reference to the BIFR and an
order had been passed by the BIFR to wind up the same. It was subsequently reversed by the SICA Appellate Authority for Industrial & Financial
Reconstruction, New Delhi (AAIFR).
Without going into the controversy as to whether the appellant had been
reinstated or not, or whether he is entitled to back-wages or not, we dispose of the
appeal by directing that in lieu of reinstatement, the respondent-corporation shall
pay to the appellant a sum of Rs.1,50,000/- in full and final settlement of his claims,
within a period of one month from date.
The appeal is accordingly disposed of.
There will be no order as to costs.
(MARKANDEY KATJU) NEW DELHI; September 19, 2008.