IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.5761   OF 2008        [Arising out of SLP(C)No.264 of 2007]

ONKAR NATH SINGH                               Petitioner(s)

                       VERSUS

UP STATE TEXTILE CORPN.                       Respondent(s)   

O R D E R   

Leave granted.

Having heard learned counsel for the respective parties, we are of the  

view that this matter should be given a quietus after all these years of litigation.  

The appellant had obtained Award in his favour for reinstatement and a lumpsum  

amount of Rs.5000/- towards back-wages.  It was, however, indicated in the Award  

that in the event the appellant was not reinstated, he would be paid his entire back-

wages.

Although, it has been contended on behalf of the appellant that he was never  

reinstated  in terms of  the  Award,  it  is  the case  of  the  respondent  that  he  was  

allowed to join but he was not given any work or paid any salary on  

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account of the fact that the company had made a reference to the BIFR and an  

order had been passed by the BIFR to wind up the same.  It was subsequently

reversed  by  the  SICA  Appellate  Authority  for  Industrial  &  Financial  

Reconstruction, New Delhi (AAIFR).

Without going into the controversy as to whether the appellant had been  

reinstated or not, or  whether he is entitled to back-wages or not, we dispose of the  

appeal by directing that in lieu of  reinstatement, the respondent-corporation shall  

pay to the appellant a sum of Rs.1,50,000/- in full and final settlement of his claims,  

within a period of one month from date.    

The appeal is accordingly disposed of.

There will be no order as to costs.  

   ....................J.     (ALTAMAS KABIR)

   ....................J.     (MARKANDEY KATJU)

NEW DELHI; September 19,   2008.