D.T.C. Vs. GIAN CHAND

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 7364 of 2016, Judgment Date: Aug 08, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO. 7364 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 4399 OF 2016 ]


      D.T.C.                                       Appellant(s)

                                VERSUS

      GIAN CHAND                                   Respondent(s)

                               J U D G M E N T

KURIAN, J.
1.    Leave granted.

2.    The appellant is aggrieved by  the  impugned  order  dated  05.10.2015
passed by the High Court of Delhi in LPA No.  739  of  2008,  by  which  the
respondent has been directed to be reinstated with 60% back wages.

3.    Having heard the learned counsel appearing on both sides,  we  are  of
the view that there is no justification in awarding back wages in the  facts
of the present case.

4.    Therefore, the direction of payment of back  wages  is  vacated.   All
other  consequential  benefits  will  follow,  which  would  mean  that  the
respondent would be reinstated as per the award with continuity of  service,
but without any back wages.

5.    We make it clear that in  case  the  respondent  has  been  denied  an
option for pension in view of the fact that at the relevant time of  option,
he was not in service, now that he is deemed to be in service for all  other
benefits except the monetary benefits, he shall be given  fresh  opportunity
for an option for pension before his date of superannuation.

6.    With the above observations and directions,  the  appeal  is  disposed
of.
      No costs.
                                                   .......................J.
                                                       [ KURIAN JOSEPH ]

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

      New Delhi;
      August 08, 2016.