Supreme CourtDivision Bench(1996) 02 SC CK 0263

U.P. State Electricity Board vs U.P. Bizali Karamchari Sangh and Another

Supreme Court Of India · Decided on 15 February 1996 · Citation: (1997) 11 SCC 362

HON’BLE JUDGES
S. C. Agrawal, J · G. T. Nanavati, J
RESULT
Allowed
CASE NUMBER
Civil Appeal No. 5756 Of 1996

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Judgment

3 paragraphs · 273 words
1.

Leave granted.

2.

The only question which requires consideration in this appeal is whether Ram Kishan, who was given appointment on compassionate grounds on account of the death of his nephew Ram Asrey, should be required to abide by the undertaking given by him at the time of his appointment to look after Smt Munni Devi, the widow of Ram Asrey. Smt Munni Devi made a complaint that Ram Kishan has failed to honour the said undertaking. On the basis of the said complaint the services of Ram Kishan were terminated by the appellant. The said termination of Ram Kishan has been set aside and he has been ordered to be reinstated. As per the direction given by this court in the order dated 30/4/1993, there is stay of payment of half of back wages to the said employee and it has also been directed that on reinstatement one-third of the current wages should be deducted every month and should be paid to Smt Munni Devi.

3.

We have heard Shri B. Sen, the learned Senior Counsel for the appellant, and Shri R.P. Gupta, the learned counsel for Respondent 1. Having regard to the facts and circumstances of the case, we are of the view that it would meet the ends of justice if Smt Munni Devi is paid one-third of the amount of back wages that are payable to Ram Kishan after his reinstatement and for future as per the direction contained in the order dated 30/4/1993, Smt Munni Devi is paid one-third of the wages payable to Ram Kishan. The appeal is disposed of accordingly. No order as to costs.