Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 8726 OF 2018
SOUTH EASTERN COALFIELD
LTD. & OTHERS ….APPELLANT(S)
VERSUS
GULSHAN PRAKASH ….RESPONDENT(S)
O R D E R
1. The present appeal is directed against the interim order
passed by the Division Bench of the High Court impugned dated
th
24 August, 2016, while declining to grant interim relief in the
pending writ appeal, appellants were directed to ensure compliance
of the order impugned passed by the learned Single Judge dated
st
21 December, 2015 which was a subject matter of challenge in the
writ appeal before the Division Bench of the High Court.
th
2. While issuing notice by this Court dated 30 January 2017,
th
the operation and effect of the interim order dated 24 August,
Signature Not Verified
Digitally signed by
Jayant Kumar Arora
Date: 2023.02.20
17:07:10 IST
Reason:
th
2016 was stayed by this Court. The order dated 30 January, 2017
is reproduced hereunder:
1
“Delay condoned.
Issue notice.
In the meanwhile, there shall be a stay of operation of the
impugned judgment and order dated 24.08.2016 passed by the
High Court of Chattisgarh, Bilaspur.
Liberty to file additional documents.”
3. The matter pertains to compassionate appointment of the
respondent on account of death of his father while he was in service
in the year 2007. One of the dependents submitted an application
seeking compassionate appointment under the scheme, i.e.,
National Coal Wage Agreement(NCWA), a settlement within the
meaning of Section 2(p) of the Industrial Disputes Act, 1947 which
is binding under Section 18(3) of the Act. When the application
filed by one of the dependents of the respondent came to be rejected
by the appellantemployer on the premise that his mother was in
employment and was capable to maintain her family, came to be
assailed by the respondent(dependent) by filing of a writ petition
before the Learned Single Judge of High Court of Chattisgarh,
Bilaspur.
4. Learned Single Judge, after examining the effect of the
settlement agreement (NCWA) which is binding on the parties and
2
the material on record allowed the writ petition with a direction to
consider the candidature of the respondent(dependent) for
compassionate appointment in terms of the settlement
st
agreement(NCWA) under its judgment dated 21 December, 2015
that became the subject matter of challenge at the instance of the
present appellants by filing of a writ appeal before the Division
Bench of the High Court.
5. It reveals from the record that at the motion stage, the
Division Bench, after hearing the parties while admitting the
appeal, declined to grant interim relief prayed for by the appellants.
At the same time, directed the appellants to ensure compliance of
the Order which was impugned before the Division Bench in writ
appeal. The order passed by the Division Bench of the High Court
th
in writ appeal dated 24 August, 2016 came to be challenged in
appeal before us.
th
6. The stay is operating in the instant appeal since 30 January,
2017. At one stage, we were of the view to decide the appeal on
merits rather to relegate the parties to get the writ appeal examined
on merits by the High Court but after we have looked into the
3
records, we are of the view that it may be advisable and in the
interest of justice that the writ appeal pending before the High
Court may be heard on merits.
7. We make it clear that we have not expressed any opinion on
merits of the case.
8. The appeal is accordingly disposed of with a request to the
High Court to dispose of the writ appeal on its own merits as
expeditiously as possible.
th
9. The interim Order passed by this Court dated 30 January,
2017 shall continue until disposal of the writ appeal pending before
the High Court.
10. Pending application(s), if any, shall stand disposed of.
……………………………J.
(AJAY RASTOGI)
……………………………J.
(BELA M. TRIVEDI)
NEW DELHI;
FEBRUARY 20, 2023.
4
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 8728 OF 2018
SOUTH EASTERN COALFIELD
LTD. & OTHERS ….APPELLANT(S)
VERSUS
AVINASH SOLOMAN ….RESPONDENT(S)
O R D E R
1. The present appeal is directed against the interim order
passed by the Division Bench of the High Court impugned dated
th
24 August, 2016, while declining to grant interim relief in the
pending writ appeal, appellants were directed to ensure compliance
of the order impugned passed by the learned Single Judge dated
th
30 November, 2015 which was a subject matter of challenge in the
writ appeal before the Division Bench of the High Court.
th
2. While issuing notice by this Court dated 8 May 2017, the
th
operation and effect of the interim order dated 24 August, 2016
th
was stayed by this Court. The order dated 8 May, 2017 is
reproduced hereunder:
5
“Delay condoned.
Issue notice.
In the meanwhile, there shall be a stay of operation of the
impugned judgment and order dated 24.08.2016 passed by the
High Court of Chattisgarh, Bilaspur.
Tag with SLP(C ) No. 3847/2017.”
3. The matter pertains to compassionate appointment of the
respondent on account of death of his father while he was in service
in the year 2007. One of the dependents submitted an application
seeking compassionate appointment under the scheme, i.e.,
National Coal Wage Agreement(NCWA), a settlement within the
meaning of Section 2(p) of the Industrial Disputes Act, 1947 which
is binding under Section 18(3) of the Act. When the application
filed by one of the dependents of the respondent came to be rejected
by the appellantemployer on the premise that his mother was in
employment and was capable to maintain her family, came to be
assailed by the respondent(dependent) by filing of a writ petition
before the Learned Single Judge of High Court of Chattisgarh,
Bilaspur.
4. Learned Single Judge, after examining the effect of the
settlement agreement (NCWA) which is binding on the parties and
6
the material on record allowed the writ petition with a direction to
consider the candidature of the respondent(dependent) for
compassionate appointment in terms of the settlement
th
agreement(NCWA) under its judgment dated 30 November, 2015
that became the subject matter of challenge at the instance of the
present appellants by filing of a writ appeal before the Division
Bench of the High Court.
5. It reveals from the record that at the motion stage, the
Division Bench, after hearing the parties while admitting the
appeal, declined to grant interim relief prayed for by the appellants.
At the same time, directed the appellants to ensure compliance of
the Order which was impugned before the Division Bench in writ
appeal. The order passed by the Division Bench of the High Court
th
in writ appeal dated 24 August, 2016 came to be challenged in
appeal before us.
th
6. The stay is operating in the instant appeal since 8 May,
2017. At one stage, we were of the view to decide the appeal on
merits rather to relegate the parties to get the writ appeal examined
on merits by the High Court but after we have looked into the
7
records, we are of the view that it may be advisable and in the
interest of justice that the writ appeal pending before the High
Court may be heard on merits.
7. We make it clear that we have not expressed any opinion on
merits of the case.
8. The appeal is accordingly disposed of with a request to the
High Court to dispose of the writ appeal on its own merits as
expeditiously as possible.
th
9. The interim Order passed by this Court dated 8 May, 2017
shall continue until disposal of the writ appeal pending before the
High Court.
10. Pending application(s), if any, shall stand disposed of.
……………………………J.
(AJAY RASTOGI)
……………………………J.
(BELA M. TRIVEDI)
NEW DELHI;
FEBRUARY 20, 2023.
8