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Raju Chand vs The Zonal Director Nehru Yuva Kendra Sangathan, Chandigarh & Ors.

Supreme Court15 July 2016Kurian Joseph · Rohinton Fali Nariman

Ratio decidendi

The rule this decision rests on

Where loss of confidence by the employer has been established, monetary compensation is an appropriate remedy in lieu of reinstatement, and the quantum of such compensation should be determined having regard to the length of service rendered by the employee.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

1

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 6434 OF 2016 [ @SPECIAL LEAVE PETITION (C) NO. 186 OF 2016 ]

RAJU CHAND Appellant(s)

VERSUS

THE ZONAL DIRECTOR NEHRU YUVA KENDRA SANGATHAN, CHANDIGARH & ORS. Respondent(s)

J U D G M E N T

KURIAN, J.

1. Leave granted.

2. The appellant is before this Court, aggrieved by the

Judgment of the Division Bench of the High Court,

whereby the award passed by the Labour Court, as

confirmed by the learned Single Judge, has been upheld.

3. The appellant was a Driver on daily wage basis,

according to the appellant, on a temporary basis. Be

that as it may, the Labour Court had passed an award,

directing the reinstatement of the appellant along with

back wages. That was upheld by the learned Single Signature Not Verified

Judge. The Division Bench, however, took note of the Digitally signed by JAYANT KUMAR ARORA Date: 2016.07.25 16:50:06 IST Reason:

fact that the Management had lost confidence and hence

held that it was a fit case for one-time monetory 2

compensation and hence, allowed the appeal and granted

Rs. 3.5 Lakhs to the appellant.

4. Having heard the learned counsel appearing on both

the sides, we are of the view that interest of justice

would be met if appropriate monetory compensation is

granted to the appellant. But in our opinion, taking

note of the long service rendered by the appellant, the

amount of compensation granted by the High Court is

inadequate.

5. The appeal is thus allowed, granting compensation of

Rs. 7.5 Lakhs (Rupees Seven Lakhs and Fifty Thousand) in

full and final settlement of the entire claim of the

appellant. The amount shall be released within a period

of three months from today.

No costs.

.......................J. [ KURIAN JOSEPH ]

.......................J. [ ROHINTON FALI NARIMAN ]

New Delhi;

JULY 15, 2016.

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ITEM NO.50 COURT NO.11 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). 186/2016

(Arising out of impugned final judgment and order dated 16/09/2015 in LPA No. 659/2015 16/09/2015 in CWP No. 13121/2012 passed by the High Court Of Punjab & Haryana At Chandigarh)

RAJU CHAND Petitioner(s)

VERSUS

THE ZONAL DIRECTOR NEHRU YUVA KENDRA SANGATHAN, CHANDIGARH & ORS. Respondent(s)

(with office report)

Date : 15/07/2016 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

For Petitioner(s) Ms. Priyanjali Singh, Adv.

For Respondent(s) Mr. Aneesh Mittal, Adv.

Mr. R. Ramachandran, Adv.

Mr. Lakshmi Gurung, Adv.

Mr. Pawanshree Agrawal, Adv.

UPON hearing counsel the Court made the following O R D E R

Leave granted.

The appeal is allowed in terms of the signed non-reportable

Judgment.

Pending interlocutory applications, if any, are disposed of.

(Jayant Kumar Arora) (Renu Diwan) Court Master Court Master

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

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