Judgment sc-2008-13-1051-1055

MARKANDEY KAT JU, J. 1. Leave granted.

2Copy pinpoint2. This appeal has been filed against the impugned judg- ment and order dated 20.3.2006 in Civil Misc. Writ Petition No. 11078 of 1997 of the Allahabad High Court. D ' i

3Copy pinpoint3. Heard learned counsel for the parties and perused the record.

4Copy pinpoint4. The writ petition in the High Court was filed against the award of the Labour Court IV, Kanpur dated 14.11.1996 (an- E nexure P/4 to this appeal). That award was given on a refer- ence made by the State Government un.der Section 4-K of the U.P. Industrial Disputes Act, 1947 regarding the termination of service of respondent, Laxmi Kant Gupta from the service of the appellant. F

5Copy pinpoint5. The respondent claimed that he was appointed as Coo- lie on 16.1.1984 and worked till 15.2.1986, and that his service was then terminated without complying with the provisions of Section 6-N of the U.P. Industrial Disputes Act. The appellant, on the other hand, alleged that the respondent was never given G a regular appointment. 6: Admittedly, the respondent challenged his termination -+ of service after a delay of about 10 years by approaching the Conciliation Officer only on 14.9.1995. The Labour Court ob- served that no reason has been given for this inordinate delay H

p. 1054

\•

A of about 10 years in raising this dispute, and on this ground the Labour Court denied back wages to the respondent and granted only re-instateme;nt on the ground that Section 6-N was violated.

7Copy pinpoint7. Learned counsel for the respondent submitted before us that the point of delay in raising the industrial dispute was )> • 8 not taken by the appellant in its written statement before the Labour Court, and hence the said point cannot be urged here.

8Copy pinpoint8. Without going into this submission we are of the view that the impugned judgment of the learned Single Judge of the High c Court as well as the award of the Labour Court granting re-instate- men! deserves to be set aside for the reasons given below.

9Copy pinpoint9. In UP State Brassware Corporation Ltd. & another vs. Uday Narain Pandey JT 2005 (10) SC 344, this Court referred to a large number of its earlier decisions on the question as to D the relief to be granted to the workman when his termination of "r <

service is found to be illegal. It was noted that while the earlier view of the Court was that if an order of termination was found to be illegal, normally the relief to be granted should be re-in- statement with full back wages. However, as noted in the vari- E ous decisions referred to in the above decision, with the pas- sage of time it came to be realized that an industry should not be compelled to pay to the workman for the period during which he apparently contributed little or nothing at all. This Court after discussing various earlier decisions held that the relief to be granted is discretionary and not automatic. It was pointed out in )r •

the aforesaid decision of this Court in UP Brassware Corpo- ration (supra) that a person is not entitled to get something only because it would be lawful to do so. The changes brought out by the subsequent decisions of this Court, probably having re- gard to the changes in the policy-decisions of the government in the wake of prevailing market economy, globalization, privatization and outsourcing was evident. Hence now there Is no such principle that for an illegal termination of service the t. normal rule is re-instatement with back wages, and instead the Labour Court can award compensation. H

U.P. STATE ELECTRICITY BOARD v LAXMI 1055 KANT GUPTA [MARKANDEY KAT JU, J.]

10Copy pinpoint10. The same view was followed by this Court in Haryana A State Electronics Development Corporation vs. Mamni AIR 2006 SC 2427 (vide paragraphs 15 to 17).

11Copy pinpoint11. Thus it is evident that there has been a shift in the legal position which has been modified by this Court and now there is no hard and fast principle now that on the termination of ser- B vice being found to be illegal, the normal rule is re-in~tatement with back wages. Compensation can be awarded instead, at the discretion of the Labour Court, depending on the facts and circumstances of the case.

12Copy pinpoint12. In the present case, we are informed that the respon- C dent has already received more than Rs. 7 lakhs. This has hap- pened because although the Labour Court in,its award dated 14.11.1996 only granted re-instatement without back wages, subsequently, as a result of the interim order of the High Court in the writ petition filed before it, the workman was granted his 0 salary instead of re-Instatement as an interim measure. Con- sequently, as a result of that interim order he has received more than Rs. 7 lakhs. Coupled with the facts that the respondent worked for only 2 years (1984-86) as a purely temporary em- ployee and the fact that he raised the industrial dispute before the Conciliation Officer only after 10 years of his termination of service, we are of the opinion that the respondent has already got more than sufficient compensation in this case.

13Copy pinpoint13. Hence, while we are not inclined to quash the reference order on the ground of delay, we allow this appeal and set aside ---1 the impugned judgment and order of the High Court as well as the Labour Court to the extent that they grant re-instatement to the respondent, and we hold that in this case compensation should have been granted instead of re-instatement. In this case the· amount already paid to the respondent is more than suffi- cient compensation for his illegal termination of service, and no further amount need to be paid to him. However, what has al- ready been paid to him should not be recovered from him.

14Copy pinpoint14. The appeal thus stands allowed. No costs. I 8.8.8. Appeal allowed. H