Defence Research Education Society vs Neeta Tuteja

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 10384 OF 2014 (Arising out of Special Leave Petition (Civil) No.10099 of 2014)

Defence Research Education Society & Anr. ... Appellants

Versus

Neeta Tuteja ... Respondent.

JUDGMENT

ANIL R. DAVE, J.

Leave granted.

1. At the request of the learned counsel appearing for the

parties, the appeal was heard on the same day.

2. The appellant is a registered education society, which has Signature Not Verified Digitally signed by

challenged the validity of the judgment dated 21st February, Jayant Kumar Arora Date: 2014.11.22 12:22:00 IST Reason: 2

2014 delivered in Writ Petition (M/S) No.1492 of 2009 by the

High Court of Uttrakhand at Nainital.

3. The facts giving rise to the present litigation in a nutshell

are as under :

The appellant is managing a school, whereas the

respondent was working as a Lower Division Clerk in the said

school. As the respondent was consistently irregular in

performance of her duties and because of some other

misconduct, a show-cause notice calling upon her to show

cause as to why her services should not be terminated was

served upon her. According to the appellant, in reply to the

said show-cause notice, the respondent had admitted some of

the charges. In the circumstances, service of the respondent

was brought to an end by an order dated 31 st January, 2003.

The respondent had challenged her termination by approaching

the concerned officer under the provisions of the Industrial

Disputes Act, 1947. The Labour Court, after considering the

facts of the case and evidence led before it, came to the 3

conclusion that the service of the respondent should not have

been terminated without holding any inquiry. The Labour

Court, therefore, passed an Award dated 4 th July, 2009,

whereby the respondent was ordered to be reinstated in service

with full back wages and all other consequential benefits.

4. Being aggrieved by the aforestated Award dated 4 th July,

2009, the appellant had filed the aforestated petition, which has

been dismissed by the High Court and therefore, the appellant

has approached this Court by way of this appeal.

5. Upon hearing the learned counsel appearing for the

parties, we find that the respondent had not performed her

duties for considerably long period and therefore, she should

not have been awarded back wages. In the circumstances, the

learned counsel appearing for the appellant was asked whether

the appellant was prepared to reinstate the respondent without

back wages with continuity of service. The learned counsel for

the appellant, in pursuance of instructions received by him, 4

made a statement that the appellant is ready and willing to

reinstate the respondent in service without back wages.

6. In view of the aforestated statement and in view of the

facts and circumstances of the case, it would be just and proper

not to award any back wages to the respondent.

7. The appellant is directed to reinstate the respondent

without back wages, but with continuity of service within one

week from today. If the respondent is not reinstated in service

within one week from today, she shall be entitled to get her

salary after one week from the date of this order. If there is no

available vacancy, it would be open to the appellant to create a

super-numerary post so as to give appointment to the

respondent.

8. We also clarify that in view of the above development in

the matter, the appellant shall not hold another inquiry in

relation to her past behaviour or misconduct. The appellant 5

shall also give notional increments to the respondent, if she is

entitled to the same, as per her service conditions.

9. The impugned judgment and order is modified and the

appeal is allowed to the above extent with no order as to costs.

………..……………….J (ANIL R. DAVE)

…..…………………….J (KURIAN JOSEPH) NEW DELHI;

NOVEMBER 18, 2014 6

ITEM NO.1A COURT NO.3 SECTION XV

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 10099/2014

DEFENCE RESEARCH EDUCATION SOCIETY & ANR Petitioner(s)

VERSUS

NEETA TUTEJA Respondent(s)

Date : 18/11/2014 This petition was called on for Judgment today.

For Petitioner(s) Mr. Balasubramanian, Adv.

Mr. K. V. Jagdishvaran, Adv.

Ms. G. Indira, Adv.

For Respondent(s) Mr. Ravindra S. Garia, Adv.

Hon'ble Mr. Justice Anil R. Dave pronounced the

non-reportable Judgment of the Bench comprising His Lordship and

Hon'ble Mr. Justice Kurian Joseph.

Leave granted.

The Civil Appeal is partly allowed.

(Jayant Kumar Arora) (Sneh Bala Mehra) Sr. P.A. Assistant Registrar

(Signed non-reportable Judgment is placed on the file)