w w w . L a w y e r S e r v i c e s . i n



Prem Narain v/s M/s. Swadeshi Cotton Mills, Juhi & Another


Company & Directors' Information:- THE COTTON CORPORATION OF INDIA LIMITED [Active] CIN = U51490MH1970GOI014733

Company & Directors' Information:- J. K. COTTON LIMITED [Active] CIN = U17111UP1924PLC000275

Company & Directors' Information:- P A S COTTON MILLS PRIVATE LIMITED [Active] CIN = U17111TN2005PTC058104

Company & Directors' Information:- V R A COTTON MILLS PRIVATE LIMITED [Active] CIN = U15311PB1997PTC020061

Company & Directors' Information:- P D COTTON PRIVATE LIMITED [Active] CIN = U52321GJ2007PTC051857

Company & Directors' Information:- C A V COTTON MILLS PRIVATE LIMITED [Active] CIN = U17115TZ1987PTC002014

Company & Directors' Information:- R. I. COTTON PRIVATE LIMITED [Active] CIN = U17120GJ2010PTC061139

Company & Directors' Information:- V K S M COTTON MILLS LIMITED [Active] CIN = U17111TZ1998PLC008682

Company & Directors' Information:- D D COTTON PRIVATE LIMITED [Active] CIN = U17120MH1994PTC156054

Company & Directors' Information:- THE SWADESHI COTTON MILLS COMPANY LIMITED [Active] CIN = U17111UP1921PLC000201

Company & Directors' Information:- P K COTTON MILLS PRIVATE LIMITED [Active] CIN = U17111DL2004PTC130281

Company & Directors' Information:- P. I. COTTON PRIVATE LIMITED [Active] CIN = U17120GJ2007PTC050747

Company & Directors' Information:- B V COTTON PRIVATE LIMITED [Active] CIN = U17111GJ2004PTC044704

Company & Directors' Information:- S K COTTON PRIVATE LIMITED [Active] CIN = U17110GJ2006PTC047511

Company & Directors' Information:- S R COTTON PRIVATE LIMITED [Active] CIN = U17120KA2013PTC071881

Company & Directors' Information:- S D S COTTON PVT LTD [Active] CIN = U17115PB1991PTC011007

Company & Directors' Information:- K P G COTTON MILLS PRIVATE LIMITED [Active] CIN = U17115TZ1993PTC004509

Company & Directors' Information:- D B V COTTON MILLS PRIVATE LIMITED [Active] CIN = U17115TZ1982PTC001145

Company & Directors' Information:- SWADESHI MILLS COMPANY LIMITED [Not available for efiling] CIN = U99999MH1886PLC000074

Company & Directors' Information:- SWADESHI MILLS COMPANY LIMITED [Under Liquidation] CIN = U99999MH1986PTC000074

Company & Directors' Information:- P A COTTON PVT LTD [Active] CIN = U74999WB1992PTC055525

Company & Directors' Information:- D D COTTON PRIVATE LIMITED [Not available for efiling] CIN = U17115PB1994PTC014981

Company & Directors' Information:- S S COTTON MILLS PRIVATE LIMITED [Active] CIN = U17115PB1997PTC019918

Company & Directors' Information:- K S COTTON PRIVATE LIMITED [Active] CIN = U17299WB2003PTC096994

Company & Directors' Information:- J R COTTON MILLS PRIVATE LIMITED [Strike Off] CIN = U17111TN1996PTC034302

Company & Directors' Information:- D C H COTTON MILLS PRIVATE LIMITED [Strike Off] CIN = U17111TZ1997PTC008130

Company & Directors' Information:- B D COTTON PRIVATE LIMITED [Active] CIN = U51909GJ1978PTC003234

Company & Directors' Information:- L D COTTON MILLS PRIVATE LIMITED [Strike Off] CIN = U17291MH2014PTC256832

Company & Directors' Information:- A D COTTON MILLS PVT LTD [Active] CIN = U99999MH1970PTC014837

Company & Directors' Information:- G K COTTON PVT LTD [Active] CIN = U00309BR1982PTC001698

Company & Directors' Information:- R R COTTON PRIVATE LIMITED [Active] CIN = U17111DL1998PTC094459

Company & Directors' Information:- C R COTTON INDIA PRIVATE LIMITED [Active] CIN = U17299DL2006PTC145903

Company & Directors' Information:- V P K COTTON MILLS PRIVATE LIMITED [Strike Off] CIN = U17111TZ2000PTC009530

    Civil Appeal No. 1403 of 2016 [@ Special Leave Petition (C) No. 5241 of 2013]

    Decided On, 15 February 2016

    At, Supreme Court of India

    By, THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE ROHINTON FALI NARIMAN

   



Judgment Text

Kurian Joseph, J.

1. Leave granted.

2. The appellant was terminated from the services of the first respondent on 31.10.1991. The Labour Court, Kanpur, set aside the termination of the appellant by its award published on 04.10.1997. In the meanwhile, the appellant had already attained the age of superannuation on 01.07.1997.

3. The award on reinstatement was not challenged by the respondent-Management. The only ground taken before the High Court was their liability to pay backwages.

4. The High Court, taking note of the fact that by the time, the award was published, the appellant-workman had already attained the age of superannuation, set aside the award and allowed the writ petition.

5. Feeling aggrieved by the order passed by the High Court, the appellant has filed the present petition by special leave before this Court.

6. We fail to understand the reasoning and approach made by the High Court. Once the Management does not have any grievance on the award on reinstatement and the grievance was limited only to backwages, the High Court should not have set aside the award as such. Appropriate orders on backwages alone were permissible at the hands of the High Court.

7. Be that as it may, taking note of the pleadings available on record, we direct that the appellant would be entitled to 50% backwages from the date of termination till the date of superannuation.

8. Needless also to say, he would be deemed to have continued in service and superannuated on 01.07.1997 for all other benefits. All eligible benefits due to the appellant in the light of this Judgment shall be computed and paid to the appellant within three months from today and any default in making the payment, as aforesaid, shall carry interest at t

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he rate of 18% from the date of termination till the date of payment. 9. With the aforesaid observations and directions, this appeal is disposed of with no order as to costs.
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