1957 (9) TMI 98 - SC - Indian Laws

Summary

Issues Involved:
1. Legality of the appellant's discharge.
2. Implementation of the award by the respondent.
3. Computation of the money value of the benefit of reinstatement.

Detailed Analysis:

1. Legality of the appellant's discharge:
The appellant was discharged by the respondent on August 5, 1949, on the grounds of redundancy. The Central Government Industrial Tribunal, Calcutta, held on December 5, 1950, that the discharge was illegal and directed the respondent to reinstate the appellant and pay arrears of salary and allowances. This decision was upheld by the Labour Appellate Tribunal, Calcutta, on September 25, 1951.

2. Implementation of the award by the respondent:
Despite the Tribunal's directions, the respondent failed to reinstate the appellant or pay the arrears. The appellant communicated with the respondent multiple times, but received no satisfactory response. The respondent later claimed that the appellant did not report for duty despite being asked to do so. The Industrial Tribunal found in favor of the appellant, concluding that the respondent did not implement the award and the appellant was ready to resume duty.

3. Computation of the money value of the benefit of reinstatement:
The core issue was the computation of the monetary value of the reinstatement benefit under Section 20(2) of the Industrial Disputes (Appellate Tribunal) Act, 1950. The Industrial Tribunal initially awarded Rs. 1,000 based on Section 95 of the Code of Civil Procedure, which was deemed insufficient and not supported by the respondent's counsel. The Supreme Court considered various factors, including the terms and conditions of employment, the possibility of termination or retrenchment, and the respondent's unfair labor practices. It concluded that the monetary value of the benefit of reinstatement should be Rs. 12,500.

Conclusion:
The Supreme Court allowed the appeal, set aside the decisions of the Labour Appellate Tribunal and the Central Government Industrial Tribunal, and awarded the appellant Rs. 12,500 as the computed value of the benefit of reinstatement. The respondent was also directed to pay the appellant's costs for the appeal and the proceedings before the Industrial Tribunal and the Labour Appellate Tribunal.