Town Area Talbehat vs. State Of U. P & Anr
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Order Issued After Hearing
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Listed On:
28 Apr 2014
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Ú8 REVISED ITEM NO.2 COURT NO.6 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C)......C C No(s). 7133/2014 (Arising out of impugned final judgment and order dated 13/09/2013 in CMWP No. 24331/1999,14/03/2014 in CMRA No. 378138/2013 passed by the High Court Of Judicature At Allahabad) TOWN AREA TALBEHAT & ANR Petitio ner(s) VERSUS STATE OF U.P & ANR Respond ent(s) (Office Report) Date : 24/07/2014 This petition was called on for hearing today. CORAM : HON'BLE MRS. JUSTICE RANJANA PRAKASH DESAI HON'BLE MR. JUSTICE N.V. RAMANA For Petitioner(s) Mr. Jayant Kumar Mehta ,Adv. Mr. Arvind Srivastava, Adv. For Respondent(s) Mr. Anoop Kumar Srivastava, Adv. Mr. P.K. Singh, Adv. Dr. Kailash Chand, Adv. UPON hearing the counsel the Court made the following O R D E R Delay is condoned. Respondent no.2 raised a dispute that his ser vices were wrongly terminated. The Labour Court held that the termination was bad and directed his reinstatement with 50% back wages. The Allahabad Signature Not Verified High Court confirmed this order and, ther efore, the Digitally signed by petitioners - employers are before us. Vishal Anand Date: 2014.08.01 14:30:02 IST Reason: We have heard learned counsel for the parties at some length. Learned counsel for the parties have informed us that the parties have resolved their disputes. Learned counsel fo r the -2 petitioners states that the petitioners are ready to reinstate respondent no.2. Since respondent no.2 is a daily wager, the petitioners are prepared to pay him as per the current rate of
| daily wage as applicable in the State of Uttar Pradesh pertaining<br>to the Municipal Department on monthly basis. We record and accept | ||||||||
|---|---|---|---|---|---|---|---|---|
| this statement.<br>We may note that learned counsel for respondent no.2 had made | ||||||||
| a statement on 21-7-2014 upon instructions from his client that | ||||||||
| respondent no.2 is prepared to forgo back wages. We record this<br>statement and accept it. | ||||||||
| In view of the statements made by learned counsel for the<br>parties which we have accepted, the Special Leave Petition is | ||||||||
| disposed of in terms of the above statements. | ||||||||
| It is made clear that payment to respondent no.2 shall be made<br>on monthly basis by the petitioners as per the Notification which | ||||||||
| is operating as of today. This order should be brought into effect | ||||||||
| forthwith.<br>We further make it clear that this order is passed in the | ||||||||
| peculiar facts and circumstances of this case and shall not be | ||||||||
| treated as a precedent in future.<br>We expect both sides to forget the past and turn a new leaf. | ||||||||
| There should be complete cooperation with each other. | ||||||||
| (VISHAL ANAND)<br>COURT MASTER | (INDU POKHRIYAL)<br>COURT MASTER | |||||||
| ITEM NO.2 | COURT NO.6 | SECTION XV | ||||||
| S U P R E M E C O U R T O F | RECORD OF PROCEEDINGS | I N D I A | ||||||
| Petition(s)<br>7133/2014 | for | Special | Leave | to | Appeal | (C)CC | No(s). | |
| (Arising out of impugned final judgment and order dated 13/09/2013<br>in CMWP No. 24331/1999,14/03/2014 in CMRA No. 378138/2013 passed<br>by the High Court Of Judicature At Allahabad) | ||||||||
| TOWN AREA TALBEHAT & ANR | Petitioner(s) | |||||||
| VERSUS | ||||||||
| STATE OF U.P & ANR | Respondent(s) | |||||||
| (Office Report) | ||||||||
| Date : 24/07/2014 This petition was called on for hearing today. | ||||||||
| CORAM : | ||||||||
| HON'BLE MRS. JUSTICE RANJANA PRAKASH DESAI<br>HON'BLE MR. JUSTICE ARUN MISHRA | ||||||||
| For Petitioner(s) | ||||||||
| Mr. Jayant Kumar Mehta ,Adv.<br>Mr. Arvind Srivastava, Adv. | ||||||||
| For Respondent(s) | ||||||||
| Mr. Anoop Kumar Srivastava, Adv.<br>Mr. P.K. Singh, Adv.<br>Dr. Kailash Chand, Adv. | ||||||||
| UPON hearing the counsel the Court made the following | O R D E R | |||||||
| Delay is condoned. | ||||||||
| Respondent | no.2 | raised<br>a | dispute | that | his<br>services | were | ||
| wrongly terminated. The Labour Court held that the termination was<br>bad<br>and<br>directed | his | reinstatement | with | 50%<br>back | wages.<br>The |
bad and directed his reinstatement with 50% back wages. The Allahabad High Court confirmed this order and, therefore, the petitioners - employers are before us.
We have heard learned counsel for the parties at some length. Learned counsel for the parties have informed us that the parties have resolved their disputes. Learned counsel for the -2 petitioners states that the petitioners are ready to reinstate respondent no.2. Since respondent no.2 is a daily wager, the petitioners are prepared to pay him as per the current rate of daily wage as applicable in the State of Uttar Pradesh pertaining to the Municipal Department on monthly basis. We record and accept this statement.
We may note that learned counsel for respondent no.2 had made a statement on 21-7-2014 upon instructions from his client that respondent no.2 is prepared to forgo back wages. We record this statement and accept it.
In view of the statements made by learned counsel for the parties which we have accepted, the Special Leave Petition is disposed of in terms of the above statements.
It is made clear that payment to respondent no.2 shall be made on monthly basis by the petitioners as per the Notification which is operating as of today. This order should be brought into effect forthwith.
We further make it clear that this order is passed in the peculiar facts and circumstances of this case and shall not be treated as a precedent in future.
We expect both sides to forget the past and turn a new leaf. There should be complete cooperation with each other.
COURT MASTER COURT MASTER
(VISHAL ANAND) (INDU POKHRIYAL)