VASHRAMBHAI DHANABHAI VEGAD Vs. STATE OF GUJARAT AND ORS.

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

Appeal (Civil), 11772 of 2016, Judgment Date: Dec 05, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO.11772 OF 2016
           [ARISING FROM SPECIAL LEAVE PETITION (C) NO.5560/2016]


      VASHRAMBHAI DHANABHAI VEGAD                  APPELLANT(S)

                                  VERSUS

      STATE OF GUJARAT AND ORS.                   RESPONDENT(S)

                               J U D G M E N T
KURIAN, J.
1.    Leave granted.
2.    The appellant is aggrieved since the award  in  his  favour  has  been
interfered by the High Court.   As  per  the  Award  passed  by  the  Labour
Court, the appellant was to be reinstated in service  with  20%  back-wages.
However, as per the  High  Court,  a  lumpsum  compensation  of  Rs.50,000/-
(Rupees Fifty Thousand) was just and proper.
3.    Having heard the learned counsel for both the sides  and  having  gone
through the materials on record and taking note of the fact that for  twenty
years,  though  intermittently,  the  appellant  had   been   working,   the
compensation awarded by the High Court is too meager.
4.    Therefore, though we agree with the High Court that the  reinstatement
is not the proper relief that should have been granted to the  appellant,  a
compensation to the tune of Rs.5,00,000/- (Rupees Five Lacs) would  be  just
and proper in the peculiar facts of the case  without  being  treated  as  a
precedent.  Ordered accordingly.
5.    The amount shall be paid within two months from today.   If  the  said
amount is not paid within the time granted, the  appellant  is  entitled  to
interest @ 12% per annum and the persons concerned for the  delay  shall  be
held personally responsible.
6.     With  the  above  observations  and  directions,  the  appeal  stands
disposed of.
7.    Pending applications, if any, stand disposed of.
8.    No costs.

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

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

      NEW DELHI;
      DECEMBER 05, 2016.