MANAGEMENT OF NILPUR TEA ESTATE versus STATE OF ASSAM AND ORS.

Citation: [1995] SUPP. 5 S.C.R. 466 · Decided: 17-11-1995 · Supreme Court of India · Bench: A.M. AHMADI, N.P. SINGH, B.N. KIRPAL · Disposal: Appeal(s) allowed

Judgment (excerpt)

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MANAGEMENT OF NILPUR TEA ESTATE 
v. 
STATE OF ASSAM AND ORS. 
NOVEMBER 17, 1995 
[AM. AHMADI, CJI, N.P. SINGH AND B.N. KIRPAL, JJ.] 
Labour Laws : 
Industrial Disputes Act, 1947: 
S.33-C(2)-Back wages till temiination of service-Since temiination 
order not challenged, the relationship of employer-Employee ceased on the 
date of temiination-Order of Courts below modified to that extenr-Payment 
of backwage~Directions issued. 
A charge-sheet was issued by the appellant against the third respon-
dent alleging certain misconduct under the standing order. Thereafter a 
domestic enquiry was held and on the basis of the report of the Enquiry 
Officer, his services were terminated. An industrial dispute was raised, and 
reference of the dispute was made for adjudication to the Labour Court, 
which gave an award setting aside the order of termination and directing 
that the respondent be reinstated. 
The appellant filed a writ petition before the High Court questioning 
the validity of the award. The writ petition was dismissed by a Single Judge. 
The writ appeal was also dismissed. 
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During the peJ>dency of writ petition respondent was reinstated but 
his services were terminated against. He was also called upon to collect his 
back wages. The second order of termination after reinstatement of the 
respondent was not challenged and no dispute was raised. A letter was 
addressed by the appellant to the respondent requesting him to hand over 
possess.ion of the staff quarter as his services had already been terminated. 
A Title Suit was also filed, for recovery of vacant possession of the said 
quarter. The respondent filed an application under section 33-C(2) of the 
Industrial Disputes Act before the Labour Court for computation of the 
amount of money due to him as back wages payable by the appellant. The 
H Labour Court directed the appellant to pay an amount of Rs. 1,54,851 as 
466 
MANAGEMENTOFNILPUR TEAESTATEv. STATE[N.P.SINGH,J.]467 
dues towards the wages and other benefits payable to the respondent for A 
the period commencing from 1.2.1982 when the services of the said respon-
dent were terminated, till March 1994. The writ petition as well writ appeal 
challenging the said order of Labour Court were dismissed by the High 
Court. Hence this appeal. 
Partly allowing the appeal, this Court 
HELD : 1. As no step had been taken by the respondent to question 
the legality or otherwise of th~ order of termination dated 19.4.1988 the 
said order could not have been ignored by the Labour Court or the High 
Court, for purposes of calculating the amount which remained due and is 
payable to the respondent. Unless the said order of termination is held to 
be invalid, it cannot be ignored in a proceeding under section 33-C(2) of 
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the Act. In view of the order dated 19.4.1988 it has to be assumed that the 
services of the respondent had been terminated and tht: relationship as 
employer and workman between the appellant and the said respondent 
came to an end on 19.4.1988, because of which the said respondent was not D 
entitled to claim any back wages after 18.4.1988. In such a situation, there 
is no option but to modify the orders of the Labour Court as well as of the 
High Court to the extent that the back wages and other benefits which had 
been computed by the Labour Court as the amount payable to the respon-
dent, has to be calculated till 18.4.1988. Consequently, the direction to E 
make payment upto March, 1994 is set aside and it shall be restricted to 
the period from 1.2.1982 to 18.4.1988. [469-E-H; 470-A] 
2. It is directed that the dues payable to the respondent in terms of 
this order be paid to the respondent within two months by calculating the 
dues payable to the said respondent upto 18.4.1988, if not already paid. 
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[470-C-D] 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 10610 of 
1995. 
From the Judgment and Order dated 15.5.95 of the Assam High G 
Court in W.A. No. 76 of 1995. 
P.K. Goswami, Rajiv Mehta, Ms. Anita Sahni and Kailash Vasdev for 
the Appellant. 
P. Chowdhary for the Respondents. 
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SUPREME COURT REPORTS [1995) SUPP. 5 S.C.R. 
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The Judgment of the Court was delivered by 
N.P. SINGH, J. Leave granted. 
This appeal has been filed on behalf of the Management of Nilpur 
Tea Estate for setting aside the order dated 8.2.1995 passed by a learned 
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Judge of the Guwahati High Court, dismissing the writ petition filed on 
behalf of the appellant, for quashing t

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