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2008 Supreme(SC) 338
TARUN CHATTERJEE & HARJIT SINGH BEDI
EXECUTIVE ENGINEER, PUBLIC HEALTH DIV - PETITIONER
Versus
KUMESH - RESPONDENT
Appeal (civil) 1663 of 2008
(Arising out of SLP(C)No.5463 of 2007) (CC No.12608)
Decided On: 25/02/2008
Important Points
Subject
Labour Law - Back Wages
Act Referred
Headnote
Facts of the case:
An award was passed by the Labour Court, which was subsequently affirmed by the High Court with a direction to pay 50% back wages to the respondent. The petitioners challenged the High Court's order before the Supreme Court.
Findings of Court:
Considering the facts and circumstances of the case, the court found that the payment of 50% back wages should be modified to 25%.
Issues: Whether the quantum of back wages awarded by the High Court was appropriate under the circumstances of the case.
Ratio Decidendi: The court exercised its discretion to modify the percentage of back wages from 50% to 25% based on the specific facts and circumstances of the case.
Result: Appeal disposed of with modification of back wages to 25%.
Legal Category Hierarchy
-
labour and employment law
-
industrial disputes
- back wages
- labour courts
-
industrial disputes
-
practice and procedure
-
appeals
- modification of award
-
appeals
JUDGMENT
Delay condoned.
Leave granted.
This appeal is directed against the judgment and final order dt.24.04.2007 passed by the High Court of Punjab and Haryana at Chandiagrh in C.W.P.No.16957 of 2006 by which the High Court has affirmed the award passed by the Labour Court with 50% back wages to be paid to the respondent.
Considering the facts and circumstances of the case, we are of the view that the order regarding payment of 50% back wages be modified by 25% of back wages to be paid to the respondent. We order accordingly. With this modification, the order of the High Court is affirmed. The appeal is disposed of accordingly. There shall be no order as to costs.
