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Supreme Court of India · body

1993 DIGILAW 1081 (SC)

Sarita Thakur v. Union Of India

1993-10-15

A.M.AHMADI, M.N.VENKATACHALIAH

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(1) DELAY condoned. (2) SPECIAL leave granted. (3) HEARD counsel on both sides. While the tribunal has not allowed back wages by its order dated 24/7/1991 but directed reinstatement of the appellant in service, it appears that the Union of India took its own time to reinstate her even though the Unions petition for special leave was dismissed. The learned counsel for the appellant contends that the tribunal ought to have awarded back wages but we do not propose to entertain that contention. However, his contention that it was obligatory on the Union to reinstate the appellant within a reasonable time after the tribunals order of 24/7/1991 is well-founded. We see no reason why the Union of India failed to carry out the terms of the tribunals order even after the special leave petition was rejected. We can understand that the Union of India would take some reasonable time for reinstating the petitioner in pursuance of the tribunals order but we are not able to understand why it failed to do so till almost the end of 1992. We are, therefore, of the opinion that the appellant is entitled to back wages from August, 1991 till actual reinstatement. (4) IN the result we allow this appeal to the aforesaid limited extent and direct that the appellant will be paid back wages from 1/8/1991 till actual reinstatement within three months from today. The appeal will stand disposed of accordingly with no order as to costs.