Supreme Court - Daily Orders
The Managing Director, Dharwad ... vs Manohar on 10 November, 2023
Author: J.K. Maheshwari
Bench: J.K. Maheshwari
1
ITEM NO.27 COURT NO.12 SECTION IV-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 44225/2023
(Arising out of impugned final judgment and order dated 27-06-2023
in WA No. 100543/2022 passed by the High Court Of Karnataka Circuit
Bench At Dharwad)
THE MANAGING DIRECTOR, DHARWAD
DISTRICT CO OPERATIVE MILK PRODUCERS UNION LTD. Petitioner(s)
VERSUS
MANOHAR & ANR. Respondent(s)
(IA No.231487/2023-CONDONATION OF DELAY IN FILING and IA
No.231488/2023-EXEMPTION FROM FILING O.T.)
Date : 10-11-2023 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI
HON'BLE MR. JUSTICE K.V. VISWANATHAN
For Petitioner(s) Mr. Nikhil Nayyar, Sr. Adv.
Mr. Abhinav R, Adv.
Mr. Siddhartha Dk, Adv.
Ms. Surabhi B.l, Adv.
Mr. Nikhil Swami, Adv.
Ms. Divya Swami, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
In the present case, the order of dismissal of the Respondent No.1 was set aside by the Tribunal granting 100% backwages. On Signature Not Verified challenging the same before the High Court, maintaining the order of Digitally signed by Jayant Kumar Arora Date: 2023.11.11 12:35:36 IST Reason: setting aside of dismissal, backwages were reduced to 50%. The said order was again challenged before the Division Bench, wherein the 2 Division Bench in Para 7 observed as follows : “We do not find any reason to disagree with the finding recorded by the learned Single Judge in confronting the order of the Tribunal, but the only error we find insofar as granting back wages even for the period of delay in approaching the Court. When a person sleeps over his rights and approaches the Court belatedly, though he would be entitled for the relief, the Court shall take note of the delay and shall pass appropriate orders restricting monetary benefits. In the instant case, admittedly, the dispute raised by the first respondent was dismissed on 28.01.2006 and challenging the said order, the first respondent approached the Tribunal only on 20.04.2012. The first respondent ought to have challenged the order before the Tribunal forthwith on the dismissal of the dispute by the Assistant Registrar of the Cooperative Societies. As there is a delay of more than six years, we deem it appropriate to exclude payment of 50% back wages, as granted by the learned Single Judge, for the delayed period and it is ordered accordingly.” 3 We have heard learned counsel for the parties and perused the record. The period of backwages as reduced excluding 6 years do not appear to be factually correct, if the date of acquittal in the criminal case is taken as the base date. However, as we are not entertaining this Special Leave Petition, we leave it open to the employee to apply for clarification from the High Court to reduce the exclusion period.
In view of above, the Special Leave Petition is disposed of.
Pending interlocutory application(s), if any, is/are disposed of.
(JAYANT KUMAR ARORA) (VIRENDER SINGH) ASTT. REGISTRAR-cum-PS BRANCH OFFICER