IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No.3197 OF 2019
(Arising out of S.L.P.(C) No. 22909 of 2017)
The Regional Manager,
Life Insurance Corporation of India ….Appellant(s)
Dinesh Singh ….Respondent(s)
J U D G M E N T
Abhay Manohar Sapre, J.
- Leave granted.
- This appeal is directed against the final judgment
and order dated 10.03.2017 of the High Court of
Madhya Pradesh at Jabalpur in Writ Petition No. 3067
of 2015 whereby the High Court dismissed the petition
filed by the appellant herein.
- The appeal involves a short point as is clear from
the facts stated hereinbelow.
- The respondent was appointed as a Caretaker on
temporary basis by the appellant (LIC) on a fixed
salary of Rs. 1000/ p.m. in the year 1994. The
respondent’s job was to act as a Caretaker of one VIP
Guesthouse of the appellant at Bhopal.
- The appointment of respondent was made under
Regulation No. 8 of the Regulations framed under the
Life Insurance Corporation Act, 1956, which empowers
the officers specified therein to appoint any person of
Class III and IV category on temporary basis from time
- The services of the respondent were brought to
an end in the year 2001 by the appellant (LIC) which
gave rise to making a reference to the Industrial
Tribunal (CGIT), Jabalpur being
No.CGIT/LC/101/2005 by the Central Government for
deciding the legality of the termination order of the
- By award dated 11.02.2014, the Tribunal
answered the reference partly in favour of the
respondent. The Tribunal set aside the termination
order of the respondent and directed the appellant to
reinstate him in their services but without payment of
any back wages to him.
- The appellant (LIC) felt aggrieved by the order of
the Tribunal and filed a writ petition in the High Court
of MP at Jabalpur. By impugned order, the High Court
(Single Judge) dismissed the appellant’s writ petition
and affirmed the award of the Industrial Tribunal
which gives rise to filing of the present appeal by way
of special leave in this Court by the appellant(LIC).
- Heard Mr. Gurukrishan Kumar, learned senior
counsel for the appellant and Ms. Anuradha Mutatkar,
learned counsel for the respondent.
- Having heard the learned counsel for the parties
and on perusal of the record of the case, we are
inclined to allow the appeal and modify the impugned
order to the extent indicated below.
- In our opinion, having regard to the peculiar facts
and circumstances of this case coupled with the fact
that there were several complaints, which were being
regularly received by the appellant against the
respondent during his tenure, and further the
appellant having lost their confidence on the
respondent and also the fact that the respondent was
appointed temporarily under Rule 8 of the Regulations
to take care of the appellant’s guest house and lastly,
it is now almost 19 years that the respondent has been
out of appellant’s services, we are of the view that the
interest of justice would be met if a compensation of
Rs.One Lakh (Rs.1,00,000/) is awarded to the
respondent in full and final satisfaction in lieu of his
right to claim reinstatement in the appellant’s services
and also in lieu of all his service claims against the
appellant. It will also balance the equities between the
parties and will put to an end to this litigation.
- Since we have formed an opinion to dispose of
this appeal by awarding to the respondent a lump sum
compensation of Rs. one Lakh in lieu of his all claims
arising out of this case, we do not consider it
necessary to examine any legal issue arising in the
case though argued by the learned counsel for the
parties in support of their respective contentions.
- We, however, make it clear that, as mentioned
above, this order is passed keeping in view the
peculiar facts of this case, which we have taken note of
on perusal of the record of this case and hearing the
submissions of the learned counsel for the parties.
- The appellant is accordingly directed to pay a
sum of Rs. one Lac (Rs.1,00,000/) to the respondent
within a period of 3 months from today.
- The appeal is accordingly disposed of. The
impugned order is thus modified to the extent
[ABHAY MANOHAR SAPRE]
March 26, 2019.