IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2024 (ARISING OUT OF SLP (CIVIL) NO. 22938 OF 2022)
SWAMI DIVYANAND EDUCATION TRUST APPELLANT(S)
VERSUS
BARKHA RAM RESPONDENT(S)
O R D E R
1. Leave granted.
2. Heard Ms. Sonam Gupta, learned counsel appearing for the
appellant. The respondent is represented by Mr. Himanshu Sharma,
learned counsel.
3. The respondent served as an Instructor in the Swami Divyanand
Polytechnic, Ambala. He was issued the termination notice dated
13.11.2009 (Annexure P/2) by the Principal of the Polytechnic. The
matter went before the Labour Court, which under its Award dated
14.03.2012 granted limited relief to the respondent by ordering for
payment of 13 days salary from 01.11.2009 to 13.11.2009.
4. The above led to the respondent filing a Writ Petition before
the High Court where the learned Single Judge on 01.12.2017
(Annexure P/13) observed that the respondent was regularly
appointed to the post of Instructor in the Polytechnic on
06.08.2008 but he was terminated without conducting any
departmental inquiry. But those issues have not been considered by
the learned Labour Court in rendering its Award dated 14.03.2012.
Accordingly, the learned Judge ordered for reinstatement of the
Writ Petitioner with 50% back wages.
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5. The aggrieved Polytechnic (which had shut down on 20.05.2016)
challenged the decision of the learned Single Ju...