Supreme Court - Daily Orders
Raghbir Singh (Dead) Thr. Lrs. vs Punjab National Bank on 2 May, 2018
Bench: Arun Mishra, Uday Umesh Lalit
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.1587 OF 2009
RAGHBIR SINGH (DEAD) THR. LRS. APPELLANT(S)
VERSUS
PUNJAB NATIONAL BANK RESPONDENT(S)
O R D E R
Heard learned counsel for the parties. The appellant-employee was appointed in the year 1972 and thereafter regularized in 1975. He was allegedly terminated in the year 1993 whereas it was submitted on behalf of the employer that he had abandoned service and was required to join in 1994. By notice issued in 1994, thirty days’ time was given despite that he did not join the duty and thus abandoned the service. [[ The Labour Court found that termination was illegal and no such notice was received by the employee. However, the High Court has held that it cannot direct for Signature Not Verified reinstatement in view of delay of eight years in Digitally signed by ASHOK RAJ SINGH Date: 2018.05.05 11:58:37 IST approaching Labour Court but at the same time it has Reason: ordered that termination to be substituted by retirement from service with effect from 24.04.1993. 2 We find that the termination was illegal. The denial of the financial benefits due to approaching the court belatedly after eight years, would be appropriate. We direct continuation of service till the date of superannuation or till the date of death, as the employee has died, whichever is earlier. However, he shall not be entitled for back wages or for other actual benefits and only for notional purpose that will be counted till the date of superannuation or date of death whichever is earlier from 24.04.1993. Accordingly, the retirement benefit shall be computed and extended to him. Let payment be made within a period of three months from today. Since the employee has already died, the payment shall have to be made either to his widow or such other legal representative as may be permissible under the rules.
The appeal is allowed in part. No costs.
........................J. [ARUN MISHRA] ........................J. [UDAY UMESH LALIT] NEW DELHI MAY 2, 2018 3 ITEM NO.107 COURT NO.11 SECTION IV 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). 1587/2009 RAGHBIR SINGH (DEAD) THR. LRS. Appellant(s) VERSUS PUNJAB NATIONAL BANK Respondent(s) Date : 02-05-2018 This appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE UDAY UMESH LALIT For Appellant(s) Mr.Rahul Kaushik, Adv. Mrs.Bhuvneshwari Pathak, Adv. Mrs.Shilpi Satyapriya Satyam, Adv.
For Respondent(s) Mr.Rajesh Kumar-I, Adv. Mr.Gaurav Kumar Singh, Adv. Mr.Anant Gautam, Adv. Mr.Aakash Sehrawat, Adv. Mr.V.Govinda Ramanan, Adv. Mr.Anmol Mehta, Adv.
M/s. Mitter & Mitter Co.
UPON hearing the counsel the Court made the following O R D E R The appeal is partly allowed in terms of the signed order.
Pending applications, if any, stand disposed of.
(Ashok Raj Singh) (Suman Jain)
Court Master Court Master