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CDJ 2025 SC 1918 print Preview print Next print
Court : Supreme Court of India
Case No : Civil Appeal No. 3142 of 2024
Judges: THE HONOURABLE MR. JUSTICE PRASHANT KUMAR MISHRA & THE HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI
Parties : Chief General Manager Department of Telecommunication Bsnl Versus Kamal Shankar Singh
Appearing Advocates : For the Petitioner: ------ For the Respondent: -----
Date of Judgment : 25-11-2025
Head Note :-
Subject
Summary :-
1. Statutes / Acts / Rules Mentioned:
-

2. Catch Words:
- limitation
- reinstatement
- back wages
- industrial dispute
- superannuation
- civil appeal

3. Summary:
The appellant challenged the CGIT award dated 10.05.2016 that reinstated the respondent workman with 50% back wages. The respondent had been terminated in 1990 and raised the dispute after 13 years. The High Court upheld the award, but the appellant argued reinstatement was impracticable due to the respondent’s age and near‑superannuation. The respondent sought the full back‑wage amount irrespective of reinstatement. The appellate court, considering the facts, directed the petitioner to pay Rs. 8,00,000 as full and final settlement, without requiring reinstatement, and ordered payment within three months. The order is not to be treated as precedent.

4. Conclusion:
Appeal Allowed
Judgment :-

1. This appeal is directed against the order and judgment dated 18.04.2017 passed by the High Court of Madhya Pradesh in Writ Petition No. 16184/2016 dismissing the writ petition preferred by the appellant challenging the award dated 10.05.2016 passed by the Central Government Industrial Tribunal cum Labour Court (for short "CGIT") by which the respondent was reinstated in service with 50% back wages.

2. The respondent-workman was engaged as a labour in the petitioner's establishment and was made to work with Assistant Engineer, Railway Electrification, Itarsi on monthly wages of Rs. 1100/-. He worked in such capacity from 08.05.1986 to 09.08.1990, when his services were terminated. He raised an industrial dispute in the year 2003 i.e. after a period of about 13 years of his termination. The CGIT allowed the claim and passed an award of reinstatement alongwih 50% back wages, which was affirmed by the High Court.

3. Learned counsel for the petitioner submitted that the respondent has worked only for 04 years before his termination and raised an industrial dispute after 13 years from the date of his termination and at present his age is about 59 years, therefore, the award of reinstatement with 50% back wages is not workable because he is almost at the verge of superannuation.

4. Per contra, learned counsel for the respondent-workman submitted that the respondent is entitled to 50% back wages which is equal to approximately Rs. 12,00,000/- (Rs. Twelve Lakh only) as on date. Therefore, even if the reinstatement is not workable at this point of time, the respondent should be allowed to receive the entire back wages as awarded by the CGIT.

5. Having heard learned counsel for the parties and in the peculiar facts and circumstances of the case, we dispose of the Civil Appeal by directing the petitioner to pay a sum of Rs. 8,00,000/- (Rs. Eight Lakhs only) to the respondent as full and final settlement towards the respondent's claim.

6. It is made clear that the respondent is permitted to receive the amount of Rs. 8,00,000/- (Rs. Eight Lakhs only) without reinstatement.

7. The petitioner shall deposit the amount before the CGIT within a period of three months from today.

8. We also make it clear that this order shall not be treated as precedent.

9. The Civil Appeal is allowed to the above extent.

10. Pending application(s), if any, shall stand disposed of.
 
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