LawDistill
Supreme Court of India

U.P STATE ELECTRICITY BOARD vs HYDRO ELECTRICITY EMPLOYEES UNION on 14 September, 2015

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C.A. No.-007174-007174 - 2015Official PDFBench Kurian Joseph, Arun Kumar MishraAdvocates PRADEEP MISRA
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

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.