IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.6022 OF 2009 (Arising out of SLP© No. 19129 of 2008)  

Union of India                      …Appellant

VERSUS

Nasim Akhtar                                …Respondent O R D E R

1. Leave granted.   

2. Inspite of service effected on the respondent, no one has  

entered appearance on his behalf at the time of hearing of this  

appeal.

3. On 28th of July, 2008, this Special Leave Petition, out of  

which the present appeal arises, was called up for hearing and  

the following order was passed :-

“Delay condoned. Issue  notice  limited  to  the  extent  of  the  back  

wages.”

3. After hearing the learned counsel for the appellant and  

after considering the impugned judgment of the High Court of  

Punjab and Haryana and also the limited notice issued in the  

present  appeal,  we  are  of  the  view  that  in  the  facts  and  

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circumstances of the case, the High Court was not justified in  

granting  50 % of  the  back wages  to  the  respondent  in  the  

absence of any clear finding to the effect that during the period  

when he was not employed with the appellant, the respondent  

was  not  gainfully  employed  elsewhere.   However,  without  

sending  the  case  back  to  the  High  Court  to  consider  this  

aspect of the matter and after considering the fact that inspite  

of due service, no one has entered appearance on behalf of the  

respondent, we are of the view that the respondent shall be  

paid  back  wages  to  the  extent  of  25% instead  of  50%,  as  

directed by the High Court.   

Accordingly, we dispose of this appeal by modifying the  

impugned  order  of  the  High  Court  to  the  extent  that  the  

respondent shall be paid back wages to the extent of 25% only.  

With this modification of the impugned order, this appeal  

stands disposed of.

……………………….J. [Tarun Chatterjee]

New Delhi; ………………..……..J. August 31, 2009. [R.M.Lodha]   

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