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Supreme Court - Daily Orders

U.P.State Road Transport Corp. vs Ram Bahadur Singh(D) Tr.Lrs.&Amp Ors. on 11 March, 2015

Bench: Dipak Misra, Prafulla C. Pant

                                      IN THE SUPREME COURT OF INDIA

                                      CIVIL APPELLATE JURISDICTION

                                      CIVIL APPEAL NO.790 OF 2011


  U.P. State Road Transport Corp.                                              … Appellants

                                                     VERSUS

  Ram Bahadur Singh (D) Tr.LRs & Ors.                                          … Respondents



                                                O R D E R

Heard Mr. Pradeep Misra, learned counsel for the appellant. None is present on behalf of the respondents.

In this appeal, the challenge was to the judgment and order dated 29.04.2009 passed by the High Court of Judicature at Allahabad in Civil Miscellaneous Writ Petition No.13849 of 1998 by which the High Court has affirmed the award passed by the Labour Court which had directed for reinstatement of the workman with full back wages.

Learned counsel for the appellant would submit that this Court had issued notice only on the question of payment of full back wages. Learned counsel has drawn our attention to the order dated 14.1.2011 wherein this Court had directed that subject to payment of Rs.1,00,000/- (Rupees one lac only) to the workman, the payment Signature Not Verified Digitally signed by of back Gulshan Kumar Arora Date: 2015.03.18 18:33:42 IST wages would remain stayed and on the basis of the Reason: aforesaid order, the said sum was paid directly to the legal heirs of the workman.

2

During the pendency of this appeal, the workman has expired and the legal heirs have been brought on record. It is submitted by the learned counsel for the appellant that the respondents had executed the award and taken Rs.2,54,000/- (Rupees two lacs fifty four thousand only). Thus, they have already been paid Rs.3,54,000/- (Rupees three lacs fifty four thousand only). The whole claim, as asserted in the affidavit, comes to Rs.12,52,000/- (Rupees twelve lacs, fifty two thousand only).

In our considered opinion, the Corporation should pay a further sum of Rs.2,00,000/- (Rupees two lacs only) to the respondents, the legal heirs of the workman within three months hence.

With the aforesaid modification in the order passed by the High Court as well as the award of the Labour Court, the appeal stands disposed of. There shall be no order as to costs.

................,J.

(Dipak Misra) ................,J.

(Prafulla C. Pant) New Delhi;

March 11, 2015.

ITEM NO.106                 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(s). 790/2011

U.P.STATE ROAD TRANSPORT CORP.                        Appellant(s)

                                   VERSUS

RAM BAHADUR SINGH(D) TR.LRS.& ORS.                Respondent(s)


Date : 11/03/2015 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) Mr. Pradeep Misra,Adv.

Mr. Manoj Kumar Sharma, Adv.

For Respondent(s) Mr. S. K. Verma,Adv.

UPON hearing the counsel the Court made the following O R D E R The appeal stands disposed of in terms of the signed order.



    (Gulshan Kumar Arora)                       (H.S. Parasher)
        Court Master                              Court Master

               (Signed order is placed on the file)