GURJANT SINGH & ORS. Vs. STATE OF PUNJAB & ORS.

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

Appeal (Civil), 5445 of 2016, Judgment Date: Jul 01, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO.5445 OF 2016
                  (Arising out of SLP (C) No.25233 of 2013)


      GURJANT SINGH & ORS.                          APPELLANTS

                                VERSUS

      STATE OF PUNJAB & ORS.                       RESPONDENTS

                            J U D G M E N T

      KURIAN,J.

      1     Leave granted.
      2     The appellants approached this Court aggrieved by  the  Judgment
dated 16th July, 2013 passed by the High Court  of  Punjab  and  Haryana  at
Chandigarh whereby the High Court had  remitted  the  references  under  the
Industrial   Disputes   Act,   1947   to   the    Labour    Court/Industrial
Tribunal,Patiala. The appellants apprehended that  during  the  pendency  of
the adjudication before the Industrial  Tribunal,  Patiala,  they  would  be
terminated from the service.
3.    By order dated 30th September, 2013, this Court directed  to  maintain
status quo with regard to the service of  the  appellants.   It  appears  on
account of the said interim order, the   Industrial  Tribunal,  Patiala  did
not proceed with the references.  Therefore, by  a  subsequent  order  dated
14th October, 2015, it was clarified that  pendency  of  the  matter  before
this Court shall not stand in the way of the Labour  Court  proceeding  with
the references.
4.     The  Industrial  Tribunal,  Patiala  has   thereafter   decided   the
references and has passed Awards in the case of all five appellants.  It  is
seen from the Awards that all the appellants/workmen have been  directed  to
be reinstated with the continuity of service but without the back wages  for
the period they have not rendered any service.
5.    In view of the above development, we do  not  think  it  necessary  to
keep this appeal pending.  Now that the Industrial  Tribunal,  Patiala   has
passed  the  Awards,  it  is  for  the  parties  concerned  (appellants  and
respondent Nos. 1 to 3) if they are aggrieved, and if so advised, to  pursue
the matter in accordance with law.
6.    Accordingly, the appeal is disposed of with no order as to costs.

                                                          ................J.
                                                        [KURIAN JOSEPH]


                                                      ....................J.
                                                [ROHINTON FALI NARIMAN]
 NEW DELHI;
 JULY 01, 2016