Research › Browse › Judgment

Supreme Court of India · body

1982 DIGILAW 74 (SC)

Mohan Lal v. Management of M/s. Bharat Electronics Ltd.

1982-02-12

D.A.DESAI, V.BALAKRISHNA ERADI

body1982
JUDGMENT : 1. This Court rendered a judgment on April 21, 1981 and after recording findings on the points in dispute remitted the matter to the Labour Court to make an appropriate award in the light of findings recorded by this Court. 2. The Labour Court made its award in terms of the findings recorded by this Court. By the operative portion of the award the Labour Court held the termination of service of workman Shri Mohan Lal by the Management void ab initio and inoperative and consequently declared that the workman continues to be in service of the present respondent and is entitled to all. consequential benefits such as back wages in full, continuity of service and other benefits, if any, which may be available to hire under the law. 3. The Labour Court did not undertake the exercise of computing the monetary benefits and non-monetary benefits the workman would be entitled to pursuant to the order of re-instatement. 4. A petition under Article 136 against the award of Labour Court and a review petition did not meet with success. 5. Thereupon the question arose before this court whether the management has carried out the award or not. The matter was adjourned on a few occasions with a view to giving an opportunity to the parties to work out the benefits flowing from the award as understood by each of them. Parties are at variance on this point. Should we undertake the part of computing monetary and non-monetary benefits? We are of the opinion that the time of this Court should not be spent in this mathematical exercise. Therefore, with the consent of both the parties we direct the Labour Court to compute the benefits which the workman Mohan Lal will be entitled to receive on being re-instated in service with continuity in service and back. wages. The benefits to be computed must include both monetary and non-monetary benefits whatever they are. The management has itself worked out the monetary benefits which are tabulated in a summary annexed to the affidavit of K.S. Anantha Raman, Assistant Manager in the Regional Office of the Respondent Company. We direct that whatever becomes payable according to the computation of the management shall be paid to the workman within a period of four weeks from today. The management has itself worked out the monetary benefits which are tabulated in a summary annexed to the affidavit of K.S. Anantha Raman, Assistant Manager in the Regional Office of the Respondent Company. We direct that whatever becomes payable according to the computation of the management shall be paid to the workman within a period of four weeks from today. When the Labour Court computes the monetary benefit credit should be given for whatever has been paid by. the management pursuant to the computation. The Labour Court do compute the monetary and non-monetary benefits within a period of three months from today and submit a report to this Court.