R K NIGAM Vs. SWADESHI COTTON MILLS
LAWS(SC)-2001-1-19
SUPREME COURT OF INDIA
Decided on January 19,2001

R.K.NIGAM Appellant
VERSUS
SWADESHI COTTON MILLS COMPANY LIMITED Respondents

JUDGEMENT

- (1.) Leave granted. An award was made by the Labour Court in a dispute which was referred under Section 4 of the U. P. Industrial Disputes Act, 1947 for adjudication. The grievance of the appellant in that reference is that his services had been terminated wrongly and he is entitled to reinstatement with consequential reliefs. The labour Court ultimately came to the conclusion as follows: "Hence in this dispute I am of the opinion that the worker be reinstated in service on old terms and conditions of the service within one month from the date of the publication of this judgment. No amount shall be payable to him for the period in-between. Because he has committed irregularity by not sending it through his departmental in-charge. For this it is sufficient not to give the amount of the period in-between. "
(2.) The Labour Court in substance passed an award directing reinstatement of the appellant on the old terms and conditions within a period of one month from the date of the publication of the award but no back wages shall be paid to him. Against that award a writ petition was filed before the High Court by the respondents. The High Court upheld the award made by the Labour Court reinstating the appellant. However, it was made clear that he would be entitled to his regular salary from the date of reinstatement i. e. September 1, 1999 and he would not be entitled to regular salary for the intervening period.
(3.) Pursuant to this order it is stated that the respondents reinstated the appellant in service. It is also brought to our notice that during the pendency of the proceedings an interim order was passed by the High Court on april 11, 1985 and certain payments have been made pursuant to that order.;


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