Non-Reportable

IN THE SUPREME COURT OF CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.2698 OF 2010 (Arising out of Special Leave Petition (Civil) No.30872 of 2008)

Manager, K.V.S.S. Mandawar & Anr.    …Appellant(s)

Versus

Mukesh Kumar Sharma        ...Respondent(s)

J U D G M E N T

K. S. RADHAKRISHNAN, J.

Leave granted.

2. Notice was issued on the special leave petition on  

the  limited  question  of  award  of  full  back-wages  on  

reinstatement.  Labour Court, Bharatpur  vide its award dated  

3.4.1996 ordered reinstatement with full back wages when the  

service of the respondent  was terminated without enquiry and  

without assigning any reasons.  The writ petition filed by  

the appellant was dismissed on 11.5.1999 which was ultimately  

affirmed by the Division Bench of the High Court of Rajasthan  

vide its  judgment  dated  4.3.2008.   The  said  order  is  

challenged in this appeal.  Respondent workman then filed an  

application  under  Section  33(C  )(2)  of  the  Industrial  

Disputes Act 1947 before the Labour Court Bharatpur  as LCC  

1/2005  for  computation  of  monetary  benefits.   The  Labour  

Court passed an order dated 3.9.2008 awarding a total amount  

of Rs.5,16,032.01 towards back wages.  Though the respondent

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was  reinstated  in  service  on  9.6.2005,  there  is  serious  

dispute between the parties as to whether, the respondent was  

gainfully  re-employed  during  the  period  he  was  out  of  

service.  Further it was also stated that the appellant Co-

operative Society is not financially sound to meet the claim  

of full back wages.   

3. Considering the entire facts and circumstances of the  

case and after hearing counsel on either side we feel it  

would be appropriate to restrict the back-wages to 50% for  

the period 18.1.1990 (date of termination) to the date of  

reinstatement.  The appellant Society is directed to pay the  

amount as ordered within a period of three months from today.  

The appeal is allowed in part  accordingly.

......................J.                (R.V. Raveendran)

......................J.        (K.S. Radhakrishnan)

New Delhi March 25, 2010