The Apex Court on 12.10.2018, in The Life Insurance Corporation of India v Sri Kalappa M. Sankad (D) Thr. Lrs. & Ors. dispose of the appeal. The appeal was made filed against the High Court of Karnataka’s judgment an order which dismissed the appellant’s appeal.

FACTS: The original respondent had died during the pendency of the appeal and was subsequently been represented by his legal representatives .The respondent worked with the company within the designation of an Apprentice Development Officer , wherein the company had terminated his services .Being grieved by the order , a departmental appeal was made which was subsequently dismissed. A writ made before the High Court of Karnataka that challenged his order of termination upon miscellaneous grounds. The writ petition was allowed however setting aside the order of termination. Being aggrieved, the appellant filed an intra court appeal before the Division Bench, whereby the appeal was dismissed while upholding the order of the single judge that consequently gave rise to the filing of appeal by special leave in the Apex Court.

ISSUE: Whether the present respondents are entitled to the payment of back wages resulting from the setting aside of the order of termination of the original respondent ?

DECISION HELD BY THE HON’BLE SUPREME COURT OF INDIA:
The Apex Court disposed of the appeal by citing that it did not find any reasonable and solid reason to uphold the order of termination while setting aside the order, and concluding that the respondent’s claim pertaining to the arrears of salary held no sustainability. However the Supreme Court did opine that a reasonable amount was to be paid to the respondents after proper calculations being made.

https://sci.gov.in/supremecourt/2015/17134/17134_2015_Judgement_12-Oct-2018.pdf