IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.6022 OF 2009
(Arising out of SLP© No. 19129 of 2008)
Union of India
…Appellant
VERSUS
Nasim Akhtar
…Respondent
ORDER
1.
Leave granted.
2.
Inspite of service effected on the respondent, no one has
entered appearance on his behalf at the time of hearing of this
appeal.
3.
On 28th of July, 2008, this Special Leave Petition, out of
which the present appeal arises, was called up for hearing and
the following order was passed :-
“Delay condoned.
Issue notice limited to the extent of the back
wages.”
3.
After hearing the learned counsel for the appellant and
after considering the impugned judgment of the High Court of
Punjab and Haryana and also the limited notice issued in the
present appeal, we are of the view that in the facts and
circumstances of the case, the High Court was not justified in
granting 50 % of the back wages to the respondent in the
absence of any clear finding to the effect that during the period
when he was not employed with the appellant, the respondent
was not gainfully employed elsewhere. However, without
sending the case back to the High Court to consider this
aspect of the matter and after considering the fact that inspite
of due service, no one has entered appearance on behalf of the
respondent, we are of the view that the respondent shall be
paid back wages to the extent of 25% instead of 50%, as
directed by the High Court.
Accordingly, we dispose of this appeal by modifying the
impugned order of the High Court to the extent that the
respondent shall be paid back wages to the extent of 25% only.
With this modification of the impugned order, this appeal
stands disposed of.
……………………….J.
[Tarun Chatterjee]
New Delhi;
………………..……..J.
August 31, 2009.
[R.M.Lodha]