DIVISIONAL MANAGER AND ORS. Vs. VINAYAK CHINTAMAN GAWANDE AND ORS.

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

Appeal (Civil), 5393 of 2016, Judgment Date: Jun 29, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO. 5393 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 8836 OF 2015 ]


      DIVISIONAL MANAGER AND ORS.                    Appellant(s)

                                VERSUS

      VINAYAK CHINTAMAN GAWANDE AND ORS.            Respondent(s)

                               J U D G M E N T

KURIAN, J.
1.    Leave granted.
2.    The appellants are aggrieved by the award passed by the Labour  Court,
Chandrapur, Maharashtra dated 23.09.2005, whereby the respondents have  been
directed to be reinstated with back wages.  The award was set aside  by  the
Industrial Court at Chandrapur, Maharashtra.   The  High  Court  upheld  the
award.
3.    When the matter came up before this Court,  the  following  order  was
passed on 30.03.2015 :-
"Issue notice limited to the question of back wages for the  period  between
30th June, 2000  till  the  date  of  reinstatement.   The  petitioners  are
directed to regularise the service of the respondents with effect from  30th
June, 2000.
      Until further orders, there shall be stay of back wages."

4.    Thus, the only dispute is on back wages.  It is fairly agreed  by  the
learned counsel on both sides that there is no adjudication on  this  aspect
before the Labour Court in the order dated 23.09.2005.
5.    Hence, restricting the adjudication to the claim  of  back  wages,  we
remit the matter to the Labour Court, Chandrapur, Maharashtra.
6.    The parties shall appear before the Labour Court on  08.08.2016.   The
Labour Court shall adjudicate on this aspect  of  back  wages  expeditiously
and preferably within six months thereafter.
7.    Till the matter is disposed of by the Labour Court, the interim  order
passed by this Court on stay of back wages shall continue.
8.    With the above observations and directions, this  appeal  is  disposed
of.
      No costs.
                                                   .......................J.
                                                       [ KURIAN JOSEPH ]

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

      New Delhi;
      JUNE 29, 2016.