CENTRAL COOPERATIVE CONSUMERS, STORE versus LABOUR COURT, H.P. AND ANR.

Citation: [1993] 3 S.C.R. 477 · Decided: 30-04-1993 · Supreme Court of India · Bench: R.M. SAHAI, N. VENKATACHALA · Disposal: Dismissed
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Judgment (excerpt)

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CENTRAL COOPERATIVE CONSUMERS, STORE 
v. 
LABOUR COURT, H.P. AND ANR. 
APRIL 30, 1993 
[R.M. SAHAI AND N. VENKA TACHALA, JJ.) 
I l/egal termination of service-Fruitless litigation-Satisfaction of mis-
placed ego-Responsibility. 
Recovery of back wages-Financialviabilit)• of the employer-I ustiftcation 
for exercising favourable discretion by court. Whether reinstatement of the 
employee would come within bona fide conduct for modification of the order of 
back wages. 
The private respondent was appointed as sales girl with the petitioner. 
The new manager not only insulted, humiliated and harassed her, he also 
terminated her services. 
On her plea, the Assistant Registrar who decided the case after seven 
years, held -the impugned order as illegal, arbitrary and passed without 
obtaining the requisite approval. He ordered reinstatement or the private 
respondent but did not grant back wages. 
The petitioner informed the private respondent that her joining report 
could not be entertained. The latter was forced to approach the appellate and 
revising authorities,the labour court and finally the High Court for back 
wages and other benefits. 
The petitioner aproached this court to assail well reasoned finding 
recorded by the High Court, without the least regard or the financial 
implications. Meanwhile as the petitioner was unable to persuade this court 
on merits of tJ;e case, the petitioner made attempt to highlight the financial 
difficulties in payment or back wages. 
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Surendra Kumar Vanna and others v. Central Government lndttstrial 
Tribunal- Cum-Labottr Court, New Delhi & Anr. [1980) 4 SCC 443, referred to. 
A 
B 
c 
D 
E 
F 
G 
'l'he petitioner urged that the private respondent had heen punulng the H 
477 
... 
478 
SUPREME COURT REPORTS 
(1993) 3 S.C.R. 
A 
remedy for 16 years. And the profit margin of the petitioner being very low 
and the overhead expenses high. The State and the Centre who granted 
financial ?"~istance for rehabilitation subject to the condition that the amount 
be not paid towards past debts, would be rendered in serious predicament. 
On facts this court found that it was the petitioner who was not 
B 
complying with the orders passed by the authorities from time to time, so 
c 
there was no justification for exercising discretion in favour of the petitioner. 
Dismissing the SLP and upholding the order of the High Court, this 
Court, 
HELD: Public money has been wasted due to adamant behaviour not 
only of the Officer who terminated the services of the private respondent but 
also due to cantankerous attitude adopted by those who were respomible for 
pursuing the litigation, and literally persecuted her. Working life of the 
private respondent has been lost for more than twenty years. While consicl-
D ering the agony and suffering, the amount of back wages exceeding three 
lakhs could not be a proper recompense. And the reinstatement of the private 
respondent could not be considered as bonafule conduct for modification of 
the orderofbac~ wages. (480-D) 
Leaving it open to the petitioner to replenish itself and recover the 
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amount of back wages from personal salary of its officers who were respon• 
sible for the endless litigation and for terminating the services of the private 
respondents this Court clarified tha~ this permission shall have nothing to do 
with 'the direction and the step for recovery be taken o,nly after ,payment of 
back wages to the private respondent. (480-G) 
F 
CIVIL APPELLATE JURISDICTION: Spe~ial Leave Petition (Civil) No. 
4460 of 1993. 
· 
From the Judgment and Order dated 15.1.1993 of .the Himachal Pradesh 
High Court in Civil Writ Petition No. 566 of 1990. 
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G 
Aron Jaitley and Maninder Singh for the Petitioner. 
· The following Order of the Court was delivered: 
H 
How statutory bodies waste public money in fruitless litigation to satisfy 
CONSUMERS' STORE v. LA.BOUR COURT 
479 
misplaced ego is demonstrated by this petition. 
The opposite party was appointed as Sales Girl by the petitfoner, a coopera-
tive society registered under Cooperative Societies Act, running a Super Bazar in 
Shimla. When one of the managers came there on transfer, her trouble started. 
Apart from insult, humiliaton and harassment thrust on her, that manager termi-
nated her services illegally without being authorised to do so and without obtaining 
permission of the Administrator and without giving any notice or hearing her. The 
opposite party who had been appri
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