IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.998 OF 2010 (Arising out of S.L.P. (C) No.27298 of 2009)

National Insurance Co. Ltd. & Ors.         ...Appellant(s)

Versus

T. Mahendran                    ...Respondent(s)

O  R  D  E  R

Leave granted.

By  consent,  the  matter  is  take  up  for  final  

hearing.

Heard learned counsel on both sides.

In this case, vide order dated 8th February, 2008,  

passed by the High Court of Karnataka in Criminal Appeal  

No.1551 of 2001, the order of conviction passed by the  

C.B.I.  Court  on  27th October,  2001,  stood  set  aside.  

Consequent  upon  the  said  judgement  dated  8th February,  

2008,  the  respondent  herein,  who  was  an  employee  of  

National Insurance Company Limited, sought re-instatement  

with  backwages,  which  stands  allowed  by  reason  of  the  

impugned  order  passed  by  the  Division  Bench  of  the  

Karnakata High Court on 19th February, 2009 in Writ Appeal  

No.1904 of 2008.   As a result  of the impugned order, the

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respondent herein has made a claim on National Insurance  

Company  Limited  towards  backwages  and  other  benefits  

[including promotion] for an approximate amount of Rupees  

seventeen lakhs.  Unfortunately, in the present case, the  

High  Court has  not given  detailed reasons  for awarding  

backwages  and  other  benefits.   It  may  be  incidentally  

mentioned  that  the  Management  had  passed  an  order  of  

dismissal on 13th September, 2002.  However, the Management  

has reinstated the respondent on 19th December, 2008.   

The grievance made by the appellants herein is that  

the High Court has not examined in detail as to whether  

the respondent was automatically entitled to backwages and  

other benefits consequent upon re-instatement, including  

promotion.  We agree with this submission.  

In the circumstances, we remit this case to the  

High Court to consider the above-mentioned aspect only in  

Writ Appeal No.1904 of 2008.  We express no opinion on the  

contentions  raised by  the parties  before us.   However,  

since this is a limited aspect on which the High Court  

needs to give its opinion, we request the High Court to  

expeditiously hear and dispose of Writ Appeal No.1904 of  

2008, leaving all the contentions open, within a period of  

three months from today.

The civil appeal is, accordingly, allowed with no  

order as to costs.

......................J.            [S.H. KAPADIA]

......................J.            [SWATANTER KUMAR]

New Delhi, January 29, 2010.