U.P State Electricity Board vs Hydro Electricity Employees Union

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 23 rd 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.

Signature Not Verified Having regard to the facts and circumstances of the Digitally signed by Rajni Mukhi Date: 2015.09.17 case, we feel that the interest of justice would be served 14:33:14 IST Reason: if the back wages are limited to the period from the date of

1 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.

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

…...................J. [ARUN MISHRA] NEW DELHI;

SEPTEMBER 14, 2015

2 ITEM NO.2 COURT NO.13 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). 25263/2013

(Arising out of impugned final judgment and order dated 23/05/2013 in WPC No. 28257/1992 passed by the High Court of Judicature at Allahabad)

U.P STATE ELECTRICITY BOARD & ANR Petitioner(s)

VERSUS

HYDRO ELECTRICY EMPLOYEES UNION & ANR Respondent(s)

(With interim relief and office report)

Date : 14/09/2015 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE ARUN MISHRA

For Petitioner(s) Mr. Pradeep Misra,Adv.

For Respondent(s) Mr. Sandiv Kalia, Adv.

Mr. Bikram Ch. Sharma, Adv. Mr. Nand Ram, Adv.

Mr. Avtar Singh, Adv.

Mr. Rabin Majumder,Adv.

Mr. Manoj Kumar, Adv.

Mr. Sudeep Kumar, Adv.

Mr. Ravi Prakash Mehrotra,Adv.

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

The civil appeal is disposed of in terms of the signed

non-reportable judgment.

(Rajni Mukhi) (Tapan Kumar Chakraborty) Sr. P.A. Court Master (Judgement is place below)

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