LexGANAPATI BHIKARAO NAIK versus NUCLEAR POWER CORPORATION OF INDIA LIMITED
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[2024] 11 S.C.R. 1628 : 2024 INSC 871 Ganapati Bhikarao Naik v. Nuclear Power Corporation of India Limited (Civil Appeal No(s). 6591-6592 of 2024) 13 November 2024 [Hrishikesh Roy,* and S.V.N. Bhatti, JJ.] Issue for Consideration Whether the High Court was correct in setting aside the Award passed by Labour Court wherein Labour Court allowed the reinstatement of the employee with full back wages, continuity of service, and all other consequential benefits that the employee could have received in the absence of the order of removal from service. Headnotes† Industrial Disputes Act, 1947 – Whether the appellant, as a family member of a land-loser, whose land was acquired for the Kaiga Atomic Power Project, had legally secured the job as the son in-law, of the land-loser: Held: Appellant claims to have married the daughter of the land loser, thus was appointed as a helper in the Project, as a family member of the land loser – Later, matrimonial differences arose and divorce was granted on account of the estrangement between the appellant and his wife, the father in law (land loser) made complaints against the appointment of appellant in the Project – The resultant inquiry was answered against appellant and the said decision led to the termination of the appellant – The said termination was challenged eventually before the Labour Court – The Labour Court after assessing that the divorce proceeding was initiated for maintenance by appellant’s wife – The Labour Court held that this itself would be enough to establish that the appellant had married Smt. Ganga (daughter of land loser) – The Labour Court concluded that termination of appellant was illegal, he should be reinstated * Author [2024] 11 S.C.R. 1629 Ganapati Bhikarao Naik v. Nuclear Power Corporation of India Limited with full back wages – This award was challenged before High Court – The High Court while concluding, overlooked the family details recorded by the employer which indicates Smt. Ganga as the wife of the employee also the Ration Card has the same family details of the appellant – The Court also failed to appreciate that the learned Labour Court reached the factual conclusion, after due consideration of the material evidence – Therefore this Court held that the Award in favour of the appellant, granted by the Labour Court, was erroneously disturbed by the learned Single Judge, thus impugned judgment is set aside – Reinstatment of appellant allowed but the appellant shall not be entitled to any back wages from the date of the order of the Single Judge of the High Court until his reinstatement – This Court is not in favor to wait for the decision in Bharat Fritz Werner Ltd., Bangalore v. Bharat Fritz Werner Karmika Sangha, Bangalore as the said case relates to maintainability of Writ Appeal challenging the order of the learned Single Judge arising out of an Award passed by the Labour Court. [Paras 11, 12, 13] List of Acts Industrial Disputes Act, 1947. List of Keywords Reinstatement of employee; Industrial Dispute Act. Case Arising From CIVIL APPELLATE JURISDICTION : Civil Appeal No(s). 6591-6592 of 2024 From the Judgment and Order dated 16.12.2020 and 10.04.2023 of the High Court of Karnataka Circuit Bench at Dharwad in WP No. 71540 of 2012 and WA No. 100026 of 2021 respectively Appearances for Parties K. Parameshwar, Sr. Adv., Kailas Bajirao Autade, Prasad Hegde, Ms. Kanti, Ms. Chitransha Singh Sikarwar, Shreenivas Patil, Ms. Raji Gururaj, Advs. for the Appellant. A. P. Singh, Varnit Vashistha, Tavinder Sidhu, Ms. Shrinkhla Tiwari, M/s. M. V. Kini & Associates, Advs. for the Respondent. 1630 [2024] 11 S.C.R. Digital Supreme Court Reports Judgment / Order of the Supreme Court Order Hrishikesh Roy, J. 1. Heard Mr. K. Parameshwar, learned senior counsel appearing for the appellant. 2. Ms. Shrinkhla Tiwari, learned counsel appears for the respondent – Nuclear Power Corporation of India Limited (Management). She submits that the present case should await the decision in Management of Bharat Fritz Werner Ltd., Bangalore v. Bharat Fritz Werner Karmika Sangha, Bangalore, which is pending before this Court in SLP (Civil) Nos. 12658 of 2022 and 12702 of 2022. The said case relates to whether a Writ Appeal before the Division Bench is maintainable from the judgment of the Single Judge in the Writ Petition, challenging the Award of the Labour Court, as in the present case. 3. This Court is called upon
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