NON  REPORTABLE

      IN THE SUPREME COURT OF INDIA            CIVIL APPELLATE JURISDICTION

     CIVIL APPEAL NO.7487 OF 2009          (Arising out of S.L.P. (C) 14775 of 2007)

Faridan                          … Appellant   

Versus  

State of U.P.                 …Respondent

O R D E R   TARUN CHATTERJEE, J.

1. Leave granted.   

2. This appeal is directed against the Judgment and order dated  

15th of  May,  2007 passed by a  learned Judge of  the High  

Court of Allahabad in Civil  Misc. Writ Petition No. 17592 of

2001,  whereby  the  High  Court  had  disposed  of  the  writ  

petition  by  setting  aside  the  award  passed  by  the  Labour  

Court, Gorakhpur but directed that in spite of reinstatement of  

the appellant with full back wages, the respondents/State of  

UP  shall  pay  to  Faridan  (appellant  herein)  an  amount  of  

Rs.50,000/- in addition to any amount, which may be paid by  

it under the impugned award.  The High Court further ordered  

that  the aforesaid  amount  of  Rs.50,000/-  however  shall  be  

paid  within  three  months  from  that  date,  failing  which  an  

interest of 1% per annum shall be payable on the said amount  

since after three months till actual payment.   

3. This  order  of  the learned Single Judge was challenged by  

way of a Special Leave Petition, which came up for admission  

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on 4th of February, 2008 and this Court passed the following  

order :-

“Respondent  No.  2  is  deleted  from  the  array  of   parties at   the risk of the petitioner.   Issue  notice  to  respondent  No.  1  limited  to  the   

question as to whether  compensation awarded by   the  High  Court  in  lieu  of  service  to  the  extent  of   Rs.50,000/- be increased to Rs.2 lakhs.”

4. After service of notice, the matter came up for final hearing  

before us on the aforesaid  limited issue as to  whether  the  

compensation awarded by the High Court in lieu of service to  

the respondent No. 2 could be increased from Rs.50,000/- to  

Rs.2  lakhs.   On  this  aspect,  we  have  heard  the  learned  

counsel for the parties.  Considering the entire materials on  

record including the order of the High Court as well  as the  

award  of  reinstatement  passed  by  the  Labour  Court,  

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Gorakhpur and  without interfering with the order of the High  

Court, we are of the view that the compensation awarded by  

the High Court was too meager in the present day affairs and  

the  same  may  be  enhanced  to  Rs.2  lakhs,  to  be  paid  to  

Faridan, the appellant herein.

5. Accordingly, the impugned order of the High Court is modified  

only  to  the  extent  that  instead  of  Rs.50,000/-,  the  

compensation shall be payable to the appellant a sum of Rs.2  

lakhs only.  The other directions made by the High Court in  

the  impugned  order  shall  remain  in  force.  However,  the  

payment of Rs.2 lakhs shall be made within two months from  

the date of supply of a copy of this order to the respondent.  

Appeal is thus disposed of.        

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…………………J. [Tarun Chatterjee]

              … ………………..J. [R. M. Lodha]

New Delhi. November 09, 2009

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