H.V.P.N LTD & ORS Vs. BAL GOVIND

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

Appeal (Civil), 94 of 2017, Judgment Date: Jan 04, 2017

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                         CIVIL APPEAL NO. 94 OF 2017
               [@ SPECIAL LEAVE PETITION (C) NO. 37030 OF 2013


      H.V.P.N LTD & ORS                              Appellant(s)

                                VERSUS

      BAL GOVIND                                    Respondent(s)

                               J U D G M E N T

KURIAN, J.
1.    Leave granted.
2.    The appellants have approached  this  Court  aggrieved  by  the  Award
passed by the Labour Court and confirmed by  the  High  Court,  wherein  the
workman was directed to be reinstated with 50% backwages.
3.    The respondent happened to be terminated from service  on  account  of
his involvement in a criminal case.  It is seen that conferring  benefit  of
doubt, he has been acquitted in  the  case  and,  thereafter,  he  has  been
reinstated.  The appellants, therefore,  contend  that  the  respondent  was
kept out of service only on account  of  his  involvement  in  the  criminal
case, as warranted by the Service Regulations concerned and hence, there  is
no justification in granting him backwages.
4.    Be that as it may, it is seen that even  the  request  in  the  notice
sent by the respondent was only for the salary  for  the  month  of  August,
1992.  Even otherwise, in the background of the case  we  have  referred  to
above, we find no justification in the respondent's getting backwages.   The
workman happened to be out of service only on account of his involvement  in
a criminal case, as warranted by the Service Rules.
5.    While issuing notice on 17.12.2013, we had  made  it  clear  that  the
scope is limited only to the question of backwages.
6.    In the above circumstances, the appeal is allowed to the  extent  that
the  respondent  will  be  entitled  to  all  service   benefits   including
continuity of service, except any backwages.
7.    The learned counsel  for  the  respondent  submits  that  there  is  a
proposal for regularisation.  It is  for  the  respondent  to  approach  the
appellants and we express no opinion on that aspect.
      No costs.
                                                   .......................J.
                                                       [ KURIAN JOSEPH ]

                                                   .......................J.
                                                    [ A. M. KHANWILKAR ]

      New Delhi;
      January 04, 2017.