SUPREME COURT OF INDIA

Before:- S.P. Bharucha, Doraiswamy Raju and Y.K. Sabharwal, JJ.

Civil Appeal No. 2312 of 2001 Arising out of SLP (C) No. 15691 of 1998. D/d. 23.3.2001.

Shriram Refrigeration Industries - Appellant

Versus

Hon'ble Addl. Industrial Tribunal-Cum-Addl. Labour Court, Hyderabad and others - Respondents

Labour Law - Reinstatement - Compensation in lieu of - The High Court dismissed the writ petition but affirmed the right of the appellant management to hold a disciplinary enquiry after fresh notice to the respondent workman - The Labour Court in its award, which was impugned before the High Court, had ordered reinstatement - The respondent had been working as a Security Guard - The plea that the appellant management had lost all confidence in the respondent workman - Notice was issued on the special leave petition limited to the question of compensation to the respondent workman in lieu of his reinstatement - Having regard to the fact that the respondent workman had been engaged only three years of service were left and he was drawing Rs. 3045/- per month - The compensation in lieu of reinstatement should be fixed at Rs. 2,25,000/-.

[Paras 3 and 4]

ORDER

S.P. Bharucha, J. - Delay condoned.

2. Leave granted.

3. This appeal impugns the order of the High Court on a writ petition. The High Court dismissed the writ petition but affirmed the right of the appellant management to hold a disciplinary enquiry after fresh notice to the respondent workman. The Labour Court in its award, which was impugned before the High Court, had ordered reinstatement. The respondent workman had been working as a Security Guard. The plea before us was that the appellant management had lost all confidence in the respondent workman. Since the element of confidence is necessary insofar as a Security Guard is concerned, notice was issued on the special leave petition limited to the question of compensation to the respondent workman in lieu of his reinstatement.

4. From time to time the matter was adjourned to enable the parties to try and work out what that compensation should be. But they have failed to do so. Having regard to the fact that the respondent workman had been engaged on 7-7-1982, only three years of service were left and he was drawing Rs. 3045 per month, we are of the view that the compensation in lieu of reinstatement should be fixed at Rs. 2,25,000 (Rupees two lakhs and twenty-five thousand). The amount shall be paid within six weeks.

5. Order on the appeal accordingly.

6. No order as to costs.

.