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Supreme Court - Daily Orders

U.P.State Road Transport ... vs Gajraj Singh on 12 March, 2015

Bench: Dipak Misra, Prafulla C. Pant

  CA 6277/14
                                                                  1

                                               IN THE SUPREME COURT OF INDIA

                                               CIVIL APPELLATE JURISDICTION


                                               CIVIL APPEAL NO.6277 OF 2014


                         Uttar Pradesh State Road                                        Appellant(s)
                         Transport Corporation

                                                 Versus

                         Gajraj Singh                                                    Respondent(s)


                                                              O R D E R

Heard Ms. Garima Prashad, learned counsel for the appellant and Mr. Kunwar C.M. Khan, learned counsel for the respondent.

Having heard learned counsel for the parties, we are not inclined to interfere with the order passed by the High Court that has affirmed the view expressed by the labour Court as regards the reinstatement. The said facet has also been affirmed by the High Court.

Considering the facts and circumstances of the case, we are inclined to modify the award that has been affirmed by the High Court in respect of the back wages by restricting it to a sum of Rs.2 lacs. The appellant-Corporation shall pay the aforesaid sum within a Signature Not Verified period of six weeks hence. If the respondent has not Digitally signed by Chetan Kumar Date: 2015.03.17 09:47:13 IST Reason: attained the age of superannuation, he shall report to the competent authority of the Corporation, who shall allow him CA 6277/14 2 to join the service. To clarify, the respondent would not be entitled to claim any back wages till the date of his joining the service in the Corporation. If the respondent cannot be taken back in the post he was working for some reason or the other, he shall be appointed in an equivalent post.

The appeal is, accordingly, disposed of. There shall be no order as to costs.

......................J. (Dipak Misra) ......................J. (Prafulla C. Pant) New Delhi;

March 12, 2015.

CA 6277/14
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ITEM NO.102                  COURT NO.5                 SECTION XV

                  S U P R E M E C O U R T O F      I N D I A
                          RECORD OF PROCEEDINGS

                      Civil Appeal No.6277 of 2014


U.P. STATE ROAD TRANSPORT CORP.                         Appellant(s)
THR. R. MNGR

                                   VERSUS

GAJRAJ SINGH                                            Respondent(s)


Date : 12/03/2015 This appeal was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE PRAFULLA C. PANT For Appellant(s) Ms. Garima Prashad, AOR For Respondent(s) Mr. Kunwar C.M. Khan, Adv.
Mr. Md. Farman, AOR Ms. Asma Choudhary, Adv.
UPON hearing the counsel the Court made the following O R D E R The appeal is disposed of in terms of the signed order.



              (Chetan Kumar)                    (H.S. Parashar)
               Court Master                       Court Master
(Signed order is placed on the file)