B.S.N.L. Vs. PAWAN KUMAR SHUKLA

Supreme Court of India

Appeal (Civil), 5446 of 2016, Judgment Date: Jul 01, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO. 5446 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 13866 OF 2013]


      B.S.N.L.                                            Appellant(s)

                                   VERSUS

      PAWAN KUMAR SHUKLA                                 Respondent(s)

                                    WITH

                        CIVIL APPEAL NO. 5447 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 13965 OF 2013]

                               J U D G M E N T

KURIAN, J.
1.    Leave granted.
2.    Having regard to the  nature  of  work,  for  which  the  respondents-
workmen were engaged and having regard to the submission  that  the  project
is already over, we are of the view that the interest of  justice  would  be
met if a lumpsum compensation is awarded to the workmen.
3.    Therefore, in full and final settlement of all  the  claims  available
to the respondents-workmen in respect of their daily waged engagement  under
the appellant, the respondents-workmen shall be  paid  compensation  to  the
tune of Rs. 3,00,000/- (Rupees Three Lakhs) each.
4.    We make it clear that in case, the appellant-BSNL  engages  any  fresh
daily wagers, the respondents-workmen shall be given preference.
5.    The compensation shall be paid within six weeks from today.
6.    With the above observations and directions, the appeals  are  disposed
of.
      No costs.
                                                   .......................J.
                                                      [ KURIAN JOSEPH ]

                                                   .......................J.
                                                [ ROHINTON FALI NARIMAN ]

      New Delhi;
      July 01, 2016.
                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO. 5448 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 35884 OF 2013]

      B.S.N.L.                                     Appellant(s)

                                VERSUS

      MOHD. JAMEY & ANR.                                 Respondent(s)

                               J U D G M E N T
KURIAN, J.
1.    Leave granted.
2.    We are informed that the respondent-workman has been  working  in  the
appellant-establishment for the last 13 years. In that view of  the  matter,
we are not inclined to exercise our jurisdiction, particularly  in  view  of
the fact that the respondent-workman is engaged as a Driver.
3.    The appeal is, accordingly, dismissed.
      No costs.
                                                   .......................J.
                                                       [ KURIAN JOSEPH ]

                                                   .......................J.
                                                 [ ROHINTON FALI NARIMAN ]

      New Delhi;
      July 01, 2016.