NON  REPORTABLE

         IN THE SUPREME COURT OF INDIA       CIVIL APPELLATE JURISDICTION

  CIVIL APPEAL NO.4145 /2009   (Arising out of SLP© No.21169 of 2007)

M/s.Bharat Coking Coal Ltd.  Through Management ..Appellant

Versus

National Coal Workers Congress Through Vice President Respondent

J U D G M E N T

TARUN CHATTERJEE,J.

1. Leave granted.

2. At the time of admission of this special leave petition on 29th of  

October, 2007, limited notice was issued relating to the question of  

back wages.

3. After  notice,  the  matter  came  up  for  final  disposal  on  the  

limited question as referred to herein above.

4. We  have  heard  the  learned  counsel  for  the  parties  and  

examined the impugned order as well as the award passed by the  

Central Government Industrial Tribunal No.1 Dhanbad. It is true that  

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the respondent-workman was found to have been entitled to back  

wages for the period for which he had not worked.

5. Having  heard  the  learned  counsel  for  the  parties  and  after  

considering  the  materials  on  record  and  in  the  facts  and  

circumstances of the case and in view of the fact that the employee  

did not work for a considerable period of time, we are of the view  

that  instead  of  full  back  wages  to  be  paid  to  the  workman,  the  

Management  may  be  directed  to  pay  50%  of  the  back  wages  

instead of full back wages to him within four months form the date of  

supply of a copy of this order to it. Accordingly, the order of the High  

Court  and  the  award  are  modified  to  the  above  extent.  The  

respondent is now entitled to 50% of the back wages instead of full  

back wages as noted herein above.

6. With this modification of the award, the appeal is disposed of.  

There will be no order as to costs.  

………………………….J. [Tarun Chatterjee]

New Delhi; ………………………….J. July 07, 2009. [H.L.Dattu]

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