Supreme Court - Daily Orders
M/S Hema Engineering Industries Ltd. vs S. Dhanasekar And Anr. Etc. on 4 December, 2019
Bench: Mohan M. Shantanagoudar, R. Subhash Reddy
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 7931-7943 OF 2015
M/S HEMA ENGINEERING INDUSTRIES LTD. … Appellant(s)
VERSUS
S. DHANASEKAR AND ANR. ETC. … Respondent(s)
O R D E R
The High Court as well as the Labour Court have concluded that the respondents are to be reinstated with back wages.
However, having regard to the material on record, we do not find it appropriate to confirm the order passed by the High Court as well as by the Labour Court directing the appellant to reinstate the respondents. There is no definite finding by the Labour Court as well as by the High Court that the workers had worked for 240 days in a year.
Be that as it may, having regard to the fact that the respondents have left service in the year 2003, which normally means that they may be working elsewhere, we deem it appropriate to dispose of the appeal by directing the appellant to pay compensation of Rs.3,50,000/- (Rupees three lac fifty thousand only) Signature Not Verified to each of the respondents. The respondents are 13 in Digitally signed by GULSHAN KUMAR ARORA Date: 2019.12.09 number.
09:50:54 IST Reason: Therefore, the amount to be deposited by the appellant is Rs.45,50,000/- in toto out of which Rs.28,00,000/- (Rupees twenty eight lac only) has already been deposited before the Labour Court. 2 We make it clear that the amount of Rs.28,00,000/- already deposited along with the interest accrued thereon shall be deducted while depositing Rs.45,50,000/- by the appellant. The rest of the amount shall be deposited before the Labour Court by the appellant within eight weeks from today. The total amount deposited along with the interest accrued thereon shall be disbursed in favour of the respondents equally.
The appeals are, accordingly, disposed of.
…………………………………………………………………………………,J. (Mohan M. Shantanagoudar) …………………………………………………………………………………,J. (R. Subhash Reddy) New Delhi;
December 04, 2019 ITEM NO.105 COURT NO.13 SECTION XII 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(s). 7931-7943/2015 M/S HEMA ENGINEERING INDUSTRIES LTD. Appellant(s) VERSUS S. DHANASEKAR AND ANR. ETC. Respondent(s) Date : 04-12-2019 These appeals were called on for hearing today. CORAM : HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR HON'BLE MR. JUSTICE R. SUBHASH REDDY For Appellant(s) Mr. P.S. Patwalia, Sr. Adv.
Mr. A.r. Takkar, Adv.
Mr. V.S. Lakshmi, Adv.
Mr. A. Venayagam Balan, AOR For Respondent(s) Ms. Shobha Ramamoorthy, AOR Mr. Sri Ram J. Thalapathy, Adv.
Mr. Shilp Vinod, Adv.
Mr. Pushkin Rajkumar, Adv.
UPON hearing the counsel the Court made the following O R D E R The appeals are disposed of in terms of the signed order.
(GULSHAN KUMAR ARORA) (R.S. NARAYANAN)
COURT MASTER COURT MASTER
(Signed order is placed on the file)