NATIONAL INSURANCE COMPANY LTD. AND ORS. Vs. T. MAHENDRAN
LAWS(SC)-2010-1-134
SUPREME COURT OF INDIA
Decided on January 19,2010

National Insurance Company Ltd. And Ors. Appellant
VERSUS
T. MAHENDRAN Respondents

JUDGEMENT

- (1.) LEAVE granted.
(2.) BY consent, the matter is take up for final hearing.
(3.) HEARD Learned Counsel on both sides. In this case, vide order dated 8th February, 2008, passed by the High Court of Karnataka in Criminal Appeal No. 1551 of 2001, the order of conviction passed by the C.B.I. Court on 27th October, 2001, stood set aside. Consequent upon the said judgment dated 8th February, 2008, the Respondent herein, who was an employee of National Insurance Company Limited, sought re -instatement with backwages, which stands allowed by reason of the impugned order passed by the Division Bench of the Karnataka High Court on 19th February, 2009 in Writ Appeal No. 1904 of 2008. As a result of the impugned order, the Respondent herein has made a claim on National Insurance Company Limited towards backwages and other benefits [including promotion] for an approximate amount of Rupees seventeen lakhs. Unfortunately, in the present case, the High Court has not given detailed reasons for awarding backwages and other benefits. It may be incidentally mentioned that the Management had passed an order of dismissal on 13th September, 2002. However, the Management has reinstated the Respondent on 19th December, 2008. The grievance made by the Appellants herein is that the High Court has not examined in detail as to whether the Respondent was automatically entitled to backwages and other benefits consequent upon re -instatement, including promotion. We agree with this submission.;


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