VEGETABLE VITAMINE FOOD COMPANY LTD. Vs CHETAN KUMAR DHIRAJLAL GANDHI
Bench: DALVEER BHANDARI,MUKUNDAKAM SHARMA,ANIL R. DAVE, ,
Case number: C.A. No.-008641-008641 / 2010
Diary number: 30296 / 2007
Advocates: BHARAT SANGAL Vs
K. SARADA DEVI
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 8641 OF 2010
(Arising out of SLP(C) No.20964/2007)
VEGETABLE VITAMINE FOOD COMPANY LTD. Appellant(s)
:VERSUS:
CHETAN KUMAR DHIRAJLAL GANDHI Respondent(s)
O R D E R
1. The respondent was working as a Helper with
the appellant company. When the appellant removed
him from service, he raised an industrial dispute
which was referred to the Labour Court for
adjudication. The Labour Court passed an award on
29.12.2000 directing the respondent to be
reinstated in service with 50% back-wages.
2. The appellant challenged the Labour Court
award before the High Court. The learned Single
Judge of the High Court by the impugned judgment
dated 12.07.2007 upheld the award of the Labour
Court and dismissed the writ petition.
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3. The appellant preferred special leave petition
before this Court against the judgment of the High
Court.
4. Leave granted.
5. We have heard the learned counsel for the
parties.
6. During the pendency of this matter, pursuant
to the order of this Court, the appellant had
deposited Rs.1.75 lakhs in the Registry of this
Court which was invested in fixed deposit in a
nationalised bank. We direct the Registry to hand
over that amount, with interest, to the respondent
Chetan Kumar Dhirajlal Gandhi, after proper
verification.
7. In the facts and circumstances of this case,
we are of the considered view that the ends of
justice would meet if the appellant pays a further
sum of Rs.1 lakh to the respondent within three
weeks from today, in lieu of reinstatement. We
direct accordingly.
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8. The award of the Labour Court and the impugned
judgment of the High Court are accordingly modified.
This appeal is disposed of leaving the parties to
bear their costs.
.....................J (DALVEER BHANDARI)
.....................J (Dr. MUKUNDAKAM SHARMA)
.....................J (ANIL R. DAVE)
NEW DELHI; OCTOBER 05, 2010.