1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3470 OF 2008 M/s. Poly Bond Agency ..Petitioner. Vs. Ramlingam Pille (since deceased) through his heirs 1-A Smt. Kolongee Amma Pille and others ..Respondents. .... Mr. J.V. Pai, Proprietor of the Petitioner present in person. Mr. Jaynarayan Tiwari for Respondent Nos.1A to 1E. .... CORAM: DR. D.Y. CHANDRACHUD, J. 17th November, 2008. P.C. : 1. The workman who raised the industrial dispute upon the termination of his services died on 21st May, 2007. His legal heirs have been impleaded as Respondents to these proceedings. The Labour Court has upon a detailed consideration of all the evidence on the record arrived at a finding of fact that the workman was engaged by the Petitioner from 1982 until his services were dispensed with unlawfully on or about 8th April, 1995. The Petitioner was the sole proprietor of several concerns. The workman was engaged as a driver and his last drawn salary was Rs.2,600/- per month. The 2 contention that the workman was assigned to work as a personal driver of a car belonging to the wife of the Petitioner has been disbelieved on the basis of the evidence on the record. The Labour Court has also arrived at a finding of fact that the Petitioner had attempted to fabricate evidence on the record by producing documents which did not contain the name of the workman. The attendance register was found to have been prepared in the handwriting of one person using the same ink for making entries over three years of 10 to 12 workmen. The Labour Court has commented adversely on the conduct of the Petitioner holding that he has manipulated the record. The services of the workman were dispensed with without complying with the provisions of the Industrial Disputes Act, 1947 and without the payment of retrenchment compensation. In these circumstances, the Labour Court passed an order granting reinstatement with backwages. The findings of fact arrived at by the Labour Court are based on the evidence on the record. No case for interference under Article 226 with these findings is made out. 3 2. Since the workman has expired, the only surviving issue that remains is as regards the payment of backwages. The Labour Court has observed in paragraph 13 of its judgment that the workman has stated on oath that he was unemployed and he was unable to secure any employment. A photograph was, however, sought to be produced showing the workman standing next to a motor vehicle. The Labour Court held that the workman had admitted that he held a driving licence. This latter fact was taken into consideration in structuring an appropriate order for the grant of relief of backwages. Backwages were confined to 40% from 8th April, 1995 until the workman attained the age of superannuation. 3. The workman died on 21st May, 2007. The last drawn salary of the workman was Rs.2,600/- per month. The ends of justice would be met if a lump sum by way of compensation is determined to be due and payable on account of the claim for backwages awarded by the Labour Court. The workman had worked for a period of 13 years. The interests of justice would be met if a direction is issued for the payment of compensation towards backwages quantified at 4 Rs.60,000/-. The Petition shall accordingly stand disposed of with a direction that in satisfaction of the claim towards payment of back wages, as awarded by the Labour Court, the Respondents will be entitled to receive an amount of Rs.60,000/-. The payment shall be effected within a period of four weeks from today. The Petition is accordingly disposed of. *****