GUEST KEEN WILLIAMS LIMITED Vs. B.R. GOVINDASWAMY

JUDGEMENT

(1.) LEAVE granted. The respondent's services were terminated in 1979. By an award the Labour Court set aside the order of termination and directed reinstatement with full back wages. The findings of the Labour Court were upheld by the learned Single Judge and the Division Bench of the High Court.

(2.) AGGRIEVED thereby, the appellant is in appeal before us. By order dated 7/9/2001 this Court issued notice to the respondent and noted that the respondent had retired on 18/4/1992. There was, therefore, no question of reinstatement. However, as far as the quantum of back wages was concerned, the submission of the appellant was noted, namely, that there was no enquiry at any stage as to whether the respondent has been gainfully employed during the period between his termination and the date of superannuation. Without prejudice to this submission, the appellant had offered to pay 50% of the wages to the respondent without any further enquiry. Notice was therefore, issued regarding this proposal and limited to the quantum of wages payable by the appellant to the respondent.

(3.) WE find from the Labour Court's award that in fact no conclusion was reached on the question as to whether the respondent was gainfully employed or not before the order of full back wages was passed. Remitting the matter for fresh enquiry would unnecessarily delay the receipt of a benefit by the respondent to which he is entitled since 1998 at least. We have also noted the fact that the appellant has been referred to the Board for Industrial and Financial Reconstruction. It is therefore unlikely that the respondent would in the normal course receive any amount for some time to come. According to the learned counsel appearing on behalf of the appellant, the appellant has in fact stopped all manufacturing activities and is virtually insolvent.