Deciding Authority: Supreme Court of India
Name of the Judges: Justice Harjit Singh Bedi, Justice C.K.Prasad
Date of Judgment: 19 July 2010
Facts of the Case: The Court had issued notice on the question of back wages only in this appeal by the workman. The Court saw from the order of the High Court dated 9th September, 2008 that the total claim towards back wages was Rs. 3.5 lakhs but the High Court while declining reinstatement and other claims made by the appellant herein against the University, had ordered the payment of Rs. 1.5 lakhs as a lump sum payment. The learned counsel for the University submitted that he would leave it to the Court to fix such amount as compensation as the Court thought proper.
Judgment: The Court put it to the learned counsel for the appellant as to whether he too would make a similar submission who very kindly agreed to do so. Accordingly, increase the compensation from Rs. 1.5 lakhs to Rs 2 lakhs in all. The learned counsel for the University also told that the sum of Rs. 1.5 lakhs has already been paid to the appellant. Accordingly, the Court directed that the balance amount of Rs. 50,000/- shall be paid within a period of one month.
Decision: The Court left it open to the University to consider the possibility of giving a fresh appointment to the appellant in case some post was available although that the appellant would not claim the re-appointment as a matter of right. The appeal was disposed of accordingly.
By: Roopali Mohan, 2nd Year, Vivekananda Institute of Professional Studies, New Delhi
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