IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.5761 OF 2008 [Arising out of SLP(C)No.264 of 2007] ONKAR NATH SINGH Petitioner(s) VERSUS UP STATE TEXTILE CORPN. Respondent(s) O R D E R Leave granted.
Having heard learned counsel for the respective parties, we are of the view that this matter should be given a quietus after all these years of litigation. The appellant had obtained Award in his favour for reinstatement and a lumpsum amount of Rs.5000/- towards back-wages. It was, however, indicated in the Award that in the event the appellant was not reinstated, he would be paid his entire back- wages.
Although, it has been contended on behalf of the appellant that he was never reinstated in terms of the Award, it is the case of the respondent that he was allowed to join but he was not given any work or paid any salary on -2-
account of the fact that the company had made a reference to the BIFR and an order had been passed by the BIFR to wind up the same. It was subsequently reversed by the SICA Appellate Authority for Industrial & Financial Reconstruction, New Delhi (AAIFR).
Without going into the controversy as to whether the appellant had been reinstated or not, or whether he is entitled to back-wages or not, we dispose of the appeal by directing that in lieu of reinstatement, the respondent-corporation shall pay to the appellant a sum of Rs.1,50,000/- in full and final settlement of his claims, within a period of one month from date.
The appeal is accordingly disposed of. There will be no order as to costs.
. J.
(ALTAMAS KABIR) NEW DELHI;
September 19, 2008.
. J.
(MARKANDEY KATJU)