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Supreme Court - Daily Orders

Tota Ram vs M/S Belliss India(P) Ltd. on 1 April, 2016

Author: Anil R. Dave

Bench: Anil R. Dave, Adarsh Kumar Goel

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                                                               NON REPORTABLE


                                         IN THE SUPREME COURT OF INDIA
                                          CIVIL APPELLATE JURISDICTION


                                  CIVIL APPEAL NOS.3273-3274 OF 2016
                           (Arising out of S.L.P.(C) Nos.1759-1760 of 2016)


                      TOTA RAM                                           Appellant(s)

                                          Versus


                      M/S. BELLISS INDIA (PRIVATE) LIMITED               Respondent(s)


                                            J U D G M E N T

ANIL R. DAVE, J.

1. Leave granted.

2. Though the respondent has not been served, looking at the peculiar facts of the case, we have taken up the cases for hearing.

Signature Not Verified Digitally signed by Sukhbir Paul Kaur Date: 2016.04.05

3. We have heard learned counsel for the 16:48:33 IST Reason: appellant-workman.

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4. On 1st February, 2016, the following order was passed by this Court :-

“Issue notice by speed post, returnable on 1st April, 2016, confined only to the question with regard to payment of compensation to be paid to the petitioner in a sum of Rs.2.5 lakhs (rupees two and a half lakhs only) towards full and final settlement.”

5. Looking at the peculiar facts of the case, we think that it will be appropriate if the appellant-workman is duly compensated as he had worked for about 14 years. Therefore, we direct the respondent to pay a sum of Rs.2.5 lakhs (rupees two and a half lakhs only) to the appellant-workman in full and final settlement so that the appellant-workman may not be re-instated with back-wages.

6. The learned counsel appearing for the appellant-workman has agreed to accept the aforesaid amount. The said amount shall be paid by the respondent to the appellant-workman within three months from the date of production of a copy of this order.

7. If the respondent is aggrieved by this order, it 3 will be open to it to move this Court by way of an application, so that the matter can be re-opened and decided afresh.

8. The appeals are disposed of as allowed in the aforesaid terms, with no order as to costs

9. A copy of this order shall also be served by the appellant to the respondent in addition to the normal service which might be effected by the Registry of this Court.

........................J. (ANIL R. DAVE) ........................J. (ADARSH KUMAR GOEL) New Delhi, April 01, 2016 4 ITEM NO.3 COURT NO.2 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 1759-1760/2016 (Arising out of impugned final judgment and order dated 14/09/2015 in LPA No. 124/2015 14/09/2015 in LPA No. 125/2015 passed by the High Court Of Punjab & Haryana At Chandigarh) TOTA RAM Petitioner(s) VERSUS M/S BELLISS INDIA(P) LTD. Respondent(s) (with office report) Date : 01/04/2016 These petitions were called on for hearing today. CORAM :

HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE ADARSH KUMAR GOEL For Petitioner(s) Ms. Priyanjali Singh,Adv.
For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals are disposed of as allowed in terms of the signed non-reportable judgment.
No order as to costs.
A copy of this order shall also be served by the appellant to the respondent in addition to the normal service which might be effected by the Registry of this Court.
[SUKHBIR PAUL KAUR] [SNEH BALA MEHRA] A.R.-CUM-P.S. ASSISTANT REGISTRAR (Signed non-reportable judgment is placed on the file)