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Management of Metal Box of India Ltd. Vs. Presiding Officer, Additional Labour Court, Madras and anr. - Court Judgment

LegalCrystal Citation
SubjectLabour and Industrial
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 18 (NL) of 1983 (Arising out of S.L.P. No. 9851 of 1982)
Judge
Reported in(1983)IILLJ273SC; 1983(1)SCALE703a; 1984Supp(1)SCC649
AppellantManagement of Metal Box of India Ltd.
RespondentPresiding Officer, Additional Labour Court, Madras and anr.
Excerpt:
- motor vehicles act (59 of 1988)section 168: [altamas kabir & cyriac joseph, jj] motor accident death of scooter rider - conflicting versions as to who was driving scooter - claimants plea that deceased was pillion rider while respondent was driving it eye witness testifying to same effect - respondent taking different stands at different stages - did not come forward to be examined as to how accident had actually taken place held, view that respondent was responsible for accident is not improbable and is not liable to be interfered with. - 2. after hearing counsel we are satisfied that it will be futile in this case to retain the order of reinstatement of respondent no.order1. leave granted.2. after hearing counsel we are satisfied that it will be futile in this case to retain the order of reinstatement of respondent no. 2 since it is agreed that his superannuation date is 31st january, 1983. we accordingly modify the award by deleting the portion of the award in regard to such reinstatement. respondent no. 2 will be paid all the back wages and other benefits which he is entitled to in law upto the said date of retirement and the same will be worked out by the principal labour court, madras before whom c.p. no. 126/80 is pending. the amount of rs. 94,000/- which has been deposited in this court will be permitted to be withdrawn by respondent no. 2 on account and be credited towards the satisfaction of the aforesaid dues.
Judgment:
ORDER

1. Leave granted.

2. After hearing counsel we are satisfied that it will be futile in this case to retain the order of reinstatement of respondent No. 2 since it is agreed that his superannuation date is 31st January, 1983. We accordingly modify the Award by deleting the portion of the Award in regard to such reinstatement. Respondent No. 2 will be paid all the back wages and other benefits which he is entitled to in law upto the said date of retirement and the same will be worked out by the Principal Labour Court, Madras before whom C.P. No. 126/80 is pending. The amount of Rs. 94,000/- which has been deposited in this Court will be permitted to be withdrawn by respondent No. 2 on account and be credited towards the satisfaction of the aforesaid dues.


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