Case: Saryug Singh (Dead) Thr. Lrs Vs. National Seeds Corporation

Kurian Joseph, J.1. Leave granted.2. The appellants challenge the order passed by the High Court wherein the total compensation has been worked out in terms of money and limited only to L 50,000/- (Rupees Fifty Thousand).3. According to the appellants, as per the order passed by the Labour Court and the learned Single Judge of the High Court the deceased employee is entitled to back wages for a period of 23 years.4. Having heard the learned counsel for the parties and having gone through the pleadings, it is fairly clear that it is a case of voluntary relinquishment of service. There is no case for the appellants that despite reporting for duty, the deceased employee was not permitted to join duty after 1986. On the contrary, it is seen from the records that the termination was after the publication of advertisement in the newspaper requiring the deceased employee to report for duty, failing which he was liable to be terminated.5. In that view of the matter, we wholly agree with the High Court that the deceased employee is not entitled to the back wages for the entire period.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]4. Having heard the learned counsel for the parties and having gone through the pleadings, it is fairly clear that it is a case of voluntary relinquishment of service. There is no case for the appellants that despite reporting for duty, the deceased employee was not permitted to join duty after 1986. On the contrary, it is seen from the records that the termination was after the publication of advertisement in the newspaper requiring the deceased employee to report for duty, failing which he was liable to be terminated.5. In that view of the matter, we wholly agree with the High Court that the deceased employee is not entitled to the back wages for the entire period.