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2018 Supreme(SC) 774
SUPREME COURT OF INDIA
KURIAN JOSEPH, SANJAY KISHAN KAUL, JJ.
Ajayapal Singh (D) Through Lrs. – Appellant(s)
Versus
Associated Cement Companies Ltd. – Respondent(s)
Civil Appeal No. 6625 of 2018 [@ Special Leave Petition (C) No. 20804 of 2018]
Decided On : 12-07-2018
For the Appellants:Vikas Upadhyay, Vidit Monga, Advocates.
For the Respondents:C.U. Singh, Sr. Advocate, Bharat Goyal, Manish Kumar, Gopal Singh, Advocates.
In cases involving termination due to criminal cases and subsequent death of the employee, the legal representatives may be entitled to monetary compensation based on the specific facts and circumstances of the case.
Headnote:
Termination - Criminal Case - Compensation
Fact of the Case:
The appellant was terminated due to involvement in a criminal case, which the management considered as moral turpitude. The appellant was convicted under Section 324 IPC but the punishment was confined to payment of fine. The appellant passed away during the pendency of the appeal, and his legal representatives were brought on record. The appellant had 13 years of service and had been granted benefits under Section 17B of the Industrial Disputes Act, 1947.
Finding of the Court:
The court found that in the interest of justice, the legal representatives of the appellant should be granted a monetary compensation of Rs. 3,00,000. The court emphasized that this judgment is specific to the peculiar facts and circumstances of the case and should not be treated as a precedent.
Issues: Termination due to criminal case, entitlement of legal representatives to compensation
Ratio Decidendi: The court considered the entire facts and circumstances of the case and decided that granting monetary compensation to the legal representatives of the appellant would serve the interest of justice.
Final Decision: The appeal was disposed of, and the legal representatives of the appellant were granted a monetary compensation of Rs. 3,00,000 to be paid within four weeks.
JUDGMENT
Kurian Joseph, J.
1. Leave granted.
2. The appellant (since deceased) approached this Court, aggrieved by his termination on account of involvement in a criminal case, which, according to the respondent - Management, amounted to moral turpitude. The appellant was convicted under Section 324 IPC and at the appellate stage, the punishment was confined only to payment of fine.
3. Sh. C. U. Singh, learned senior counsel appearing for the Management, points out that the offence involved was an attack on the wife of a co-worker. During the pendency of the appeal before this Court, the appellant expired. His legal representatives have been brought on record. The appellant had 13 years of service. We are also informed that during the pendency of the proceedings, the appellant had been granted the benefits amounting to more than Rs. 3 Lakhs under Section 17B of the Industrial Disputes Act, 1947.
4. Having regard to the entire facts and circumstances of the case, we are of the view that the interest of justice would be met and complete justice would be done in case the legal representatives of the appellant, who have been substituted, are granted a monetary compensation to the tune of Rs. 3,00,000/- (Rupees Three Lakhs). Ordered accordingly.
5. The above amount shall be paid to the legal representatives of the appellant, who have come on record, within four weeks from today. We make it clear that this Judgment is passed in the peculiar facts and circumstances of this case and therefore, not to be treated as a precedent.
6. In view of the above, this appeal is disposed of.
