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2021 Supreme(SC) 55
SUPREME COURT OF INDIA
D.Y. CHANDRACHUD, M.R. SHAH, JJ.
SURESH CHANDRA & ORS. – APPELLANTS
VERSUS
M/S U.P. STATE BRIDGE CORPORATION & ANR. – RESPONDENTS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s).18796/2020
Decided on : 03-02-2021
Advocate Appeared:
For the Appellant : Ms. Ritu Reniwal, Mr. Aman Rastogi, Mr. Sanjay Rastogi, AOR (NP)
IMPORTANT POINT
Grant of compensation in lieu of reinstatement would be in order where workmen were engaged for a specific project and that project has been completed.
Headnote:
Labour and Industrial law – Reinstatement – Fifty four workmen in present case were engaged for construction of Mandovi River Bridge in Goa which was being constructed by U. P. State Bridge Corporation – Termination has been found to be illegal both by Industrial Tribunal and by High Court – Tribunal awarded compensation of Rs 20,000 in lieu of reinstatement in full satisfaction of all claims of workmen and declined to grant reinstatement – Work of Mandovi bridge has been completed and grant of compensation in lieu of reinstatement would be in order since workmen were engaged for a specific project – However, since workmen have worked for about three years, quantum of compensation would need to be revisited – Notice issued on application for condonation of delay in filing Special Leave Petition – Special Leave Petition confined to quantum of compensation to be awarded in lieu of reinstatement. (Paras 3 and 4)
Result : Notice issued.
ORDER :
1. Permission to file the Special Leave Petition granted.
2. Ms Ritu Reniwal, learned counsel, appears before the Court to apply for an adjournment on the ground that the papers are not available with her. Since we have read the paper book, we decline the adjournment.
3. From the paper book, we find that the fifty four workmen in the present case were engaged for the construction of the Mandovi River Bridge in Goa, which was being constructed by the U P State Bridge Corporation. The termination has been found to be illegal both by the Industrial Tribunal and by the High Court. The Tribunal awarded compensation of Rs 20,000 in lieu of reinstatement in full satisfaction of all the claims of the workmen and declined to grant reinstatement. The record would indicate that the work of the Mandovi bridge has been completed and, hence, the grant of compensation in lieu of reinstatement would be in order, since the workmen were engaged for a specific project. However, since the workmen have worked for about three years, we are of the view that the quantum of compensation would need to be revisited.
4. Issue notice on the application for condonation of delay in filing the Special Leave Petition and on the Special Leave Petition, confined to the quantum of compensation to be awarded in lieu of reinstatement, returnable in six weeks.
