1983 INSC 0246
                                                Hari Mohan Rastogi

                                                           Vs

                                             Labour Court and Another

                                       Civil Appeal No. 743(NL) of 1981

                            (D. A. Desai, A. Varadarajan, O. Chinnappa Reddy JJ)

                                                      14.09.1983

                                                        ORDER

1. We heard Mr A. P. Mohanty, learned counsel for the appellant and Mr S. Markandeya, learned
counsel for respondents.

2. In view of the decision of this Court in Mohan Lal v. Bharat Electronics Ltd ((1981) 3 SCR 518 :
(1981) 3 SCC 225 : 1981 SCC (L & S) 478 : (1981) 58 FJR 467). the termination of service of the
appellant by respondent U.P. State Electricity Board, Lucknow on and from December 31, 1967 will
constitute retrenchment and prerequisite for a valid order of retrenchment being absent has to be
treated as invalid and inoperative. The appellant will continue to be in service as Town Incharge
continuously without interruption and any break from the date of ineffective termination of service.

3. Now that the appellant continues to be in service as Town Incharge, he will be entitled to arrears
of salary and other benefits which can be computed in terms of money. One peculiar feature of this
case is that the appellant was re-employed afresh as Substation Assistant on December 4, 1968 and
was confirmed in that post. While rendering his service as Substation Assistant he was in receipt of
monthly salary. Therefore, while working to the monetary benefit with regard to the arrears of back
wages and other monetary benefits, credit will have to be given for what the appellant has received
as and by way of salary and all other allowances.

4. Mr Markandeya for the employer stated that on the computation made by the respondent-
Management, it will have to pay Rs 13,000 and odd to the appellant. This month will be paid by
respondent-Management to the appellant within one month from today and the appellant will accept
the same without prejudice to all his contentions.

5. As the appellant does not accept the computations made by the respondent-Management, it would
be necessary to determine the monetary benefit to which appellant would be entitled. In this
connection, we would like to follow a precedent in CMP 15708 of 1981 in CA 364 of 1981 wherein
in similar circumstances, we directed the Labour Court to compute the benefits which the appellant
was entitled to pursuant to the decision of this Court.

6. We, therefore, direct that the appellant shall be re-posted as Town Incharge forthwith and not later
than a fortnight from today. We direct the Labour Court to compute the back wages payable by
respondent to the appellant pursuant to this decision and this computation may be both the monetary
benefits and non-monetary benefits to which the appellant is entitled after giving credit for the
amount of Rs 13,000 which would be paid to the appellant within one month from today. The
balance shall be paid within such reasonable time as maybe determined by the Labour Court. The
Labour Court do compute monetary and non-monetary benefits within a period of six months from
today. The report will also be submitted to this Court. Respondent shall pay Rs 1000 as and by way
of costs to the appellant.

</html