Judgment

B.P. Singh, J.—This Appeal by Special Leave has been preferred by the Chief ­Engineer (Construction), Southern Railways against the judgment and order of the High Court of Karnataka at Bangalore dated 15th June, 2002 in Writ Appeal No. 16 of 1999. The learned Single Judge, against whose judgment the aforesaid appeal was preferred, had set aside the award of the Tribunal and held that the services of the Respondent were illegally termi­nated. He was therefore, entitled to reinstatement with full back wages. While affirming the finding of the learned Single Judge that the services of the Respondent were illegally termi­nated, the Division Bench modified the direction with regard to payment of consequential benefits by directing that only 50% of the back wages from the date of termination till the date of death or date of superannuation of the Respondent, whichever is earlier, shall be paid.

2. The facts of the case are that the Respondent was appointed on 16.7.1975 as a causal labourer by the Railways on payment of daily wages of Rs. 4/- which was later enhanced to Rs. 10.40. The case of the Appellant was that on 1.11.1977 the Respondent abandoned his work and did not report f