M/S HARYANA SURAJ MALTINGS LTD. Vs. NARENDER KUMAR

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

Appeal (Civil), 10149 of 2010, Judgment Date: Feb 24, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                       CIVIL APPEAL NO. 10149 OF 2010

      M/S  HARYANA SURAJ MALTINGS LTD.                          Appellant(s)

                                VERSUS

      NARENDER KUMAR                                           Respondent(s)

                               J U D G M E N T

KURIAN, J.
1.    Heard the learned counsel appearing for the parties at some length.

2.    The main contention is that the High Court should  have  remanded  the
matter to the Labour  Court  for  consideration  afresh  having  rendered  a
finding that the materials showed that the respondent  had  worked  for  240
days in a year.

3.    Though the above submission is ex-facie attractive, we  do  not  think
that in the facts of the present case, the matter should be remanded to  the
Labour  Court.   What  has  been  ordered  by  the  High   Court   is   only
reinstatement with 50% back wages, having found that the termination of  the
respondent-workman was illegal.  We find no illegality in the approach  made
by the High Court in the facts and circumstances of the present case.
4.  The civil appeal is, accordingly dismissed with no order  as  to  costs.


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


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

      New Delhi;
      February 24, 2016.