Union Of India Secretary To Government Ministry Of Labour And Employment vs. Member Managing Committee Mr. M. K. Lodha Gurgaon Industrial Association
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IN THE SUPREME COURT OF INDIA LISTED ON : 13.02.2017 CIVIL ORIGINAL JURISDICTION Ld.Registrar Court No.: 2
SECTION – XVIA ITEM No. : 16
TRANSFER PETITIONS (CIVIL) Nos. 884 895 of 2016
UNION OF INDIA ETC. ....Petitioners
VERSUS
THE UNITED PLANTERS ASSOCIATION OF SOUTHERN INDIA & ANR. ETC. ETC. ...Respondents
OFFICE REPORT
The Transfer Petitions above mentioned were listed before the Hon'ble Court on 1st July 2016, when the Court was pleased to pass the following Order:
"Issue notice."
Accordingly, notice was issued to all the respondents through the concerned High Courts on 29th July, 2016.
Thereafter, the Transfer Petitions abovementioned were listed before the Ld. Registrar Court on 17th November 2016, when he was pleased to pass the following Order :
"The served respondent shall be at liberty to file the counter affidavit within a period of four weeks.
Await certificate of service in respect of the unserved respondents from the concerned High Court.
I.A. for stay in T.P.(C) No.894895/2016 filed by the petitioner is found to be defective. Ld.counsel shall within a period of four weeks cure the defects."
Service position of each matter is as under :
TRANSFER PETITION (CIVIL) No. 884 of 2016
There are two respondents in this matter.
It is submitted that Ms. Meera Mathur, Advocate has on 15th November, 2016 filed Vakalatnama and memo of appearance on behalf of respondent no. 1, but has not filed Counter Affidavit so far.
It is further submitted that certificate of service in respect of respondent no. 2 has been received from the concerned High Court after duly serving the notice to respondent no. 2 on 26.08.2016 in the office but no one has filed Vakalatnama and Memo of appearance on his behalf so far. Contd...2/
It is also submitted that the status report dated 23.08.2016 has been received from the concerned High Court stating therein that Writ Petition (C) No. 3025 of 2016 is pending.
Service of show cause notice is complete on both the respondents.
TRANSFER PETITION (CIVIL) No. 885 886 of 2016
There are two respondents in this matter.
It is submitted that M/s. Mitter & Mitter Co., Advocates has on 12th September, 2016 filed Vakalatnama and Memo of appearance on behalf of both the respondents and has on 31st January, 2017 filed Counter Affidavit on behalf of respondent no. 1 and respondent no. 2 separately, after serving their copies on the Ld. Counsel for the petitioners, but has not served their copies on the respondents represented by Advocates. Copies of the same has been included in the Paper Books.
It is also submitted that the status report dated 24.08.2016 has been received from the concerned High Court stating therein that W.P. No. 5272 of 2016 and W.P. No. 5311 of 2016 (LMW) is pending.
Service of show cause notice is complete on both the respondents.
TRANSFER PETITION (CIVIL) No. 887 888 of 2016
There are two respondents in this matter.
It is submitted that respondent no. 1 in this matter is same as respondent no. 1 in TP 884 of 2016 who is represented by Ms. Meera Mathur, Advocate.
It is further submitted that certificate of service in respect of respondent no. 2 has been received from the concerned High Court after duly serving the notice to respondent no. 2 on 27.09.2016, but no one has filed Vakalatnama and Memo of appearance on his behalf so far.
It is also submitted that the status report dated 24.08.2016 has been received from the concerned High Court stating therein that W.P. Nos. 5944 – 5945 of 2016 (LRES) is pending.
Service of show cause notice is complete on both the respondents.
TRANSFER PETITION (CIVIL) No. 889 of 2016
There is sole respondent in this matter.
It is submitted that Mr. K.K. Mani, Advocate has on 30th November, 2016 filed Vakalatnama and Memo of appearance on behalf of sole respondent, but has not filed Counter Affidavit so far. Contd...3/
It is further submitted that the status report dated 24.08.2016 has been received from the concerned High Court stating therein that W.P. No. 6658 of 2016 (LRES) is pending.
Service of show cause notice is complete on the sole respondent.
TRANSFER PETITION (CIVIL) No. 890 of 2016
There is sole respondent in this matter.
It is submitted that certificate of service in respect of sole respondent has been received from the concerned High Court after duly serving the notice to sole respondent on 29.08.2016, but no one has filed Vakalatnama and Memo of appearance on his behalf so far.
It is further submitted that the status report has been received from the concerned High Court stating therein that Writ Petition No. 6098 of 2016 is pending as on 19.08.2016.
Service of show cause notice is complete on the sole respondent.
TRANSFER PETITION (CIVIL) No. 891 of 2016
There are two respondents in this matter.
It is submitted that certificate of service in respect of both the respondents has been received from the concerned High Court after duly serving the notice to respondent no. 1 on 01.09.2016 through respondent's wife and to respondent no. 2 on 07.09.2016 through office but no one has filed Vakalatnama and Memo of appearance on their behalf so far.
It is further submitted that the status report has been received from the concerned High Court stating therein that Writ Petition No. 8995 of 2016 is pending as on 19.08.2016.
Service of show cause notice is complete on both the respondents.
TRANSFER PETITION (CIVIL) No. 892 of 2016
There are four respondents in this matter.
It is submitted that Mr. Bijoy Kumar Jain, Advocate has on 14th September, 2016 filed Vakalatnama and Memo of appearance on behalf of respondent nos. 1 and 3, but has not filed Counter Affidavit on their behalf so far.
Contd...4/
It is further submitted that certificate of service in respect of respondent nos. 2 & 4 has been received from the concerned High Court after duly serving the notice to respondent no. 2 on 31.08.2016 and to respondent no. 4 on 24.08.2016 but no one has filed Vakalatnama and Memo of appearance on their behalf so far.
It is also submitted that the status report has been received from the concerned High Court stating therein that WP 3121 (W) of 2016 is pending as on 10.08.2016.
Service of show cause notice is complete on all the four respondents.
TRANSFER PETITION (CIVIL) No. 893 of 2016
There is sole respondent in this matter.
It is submitted that certificate of service in respect of sole respondent has not been received from the concerned High Court so far. Accordingly, reminder was issued to the concerned High Court on 7.2.2017 and certificate of service is awaited.
It is further submitted that the status report has been received from the concerned High Court stating therein that Writ Petition (C) No. 1765 of 2016 is pending as on 27.07.2016.
Service of show cause notice is not complete on the sole respondent.
TRANSFER PETITION (CIVIL) No. 894 of 2016
There are two respondents in this matter.
It is submitted that Mr. Sridhar Potaraju, Advocate has on 26th August, 2016 filed Vakalatnama and Memo of appearance on behalf of respondent No. 1 and has on 2nd September, 2016 filed Vakalatnama and Memo of appearance on behalf of respondent no. 2, but has not filed Counter Affidavit on their behalf so far.
It is also submitted that the status report has been received from the concerned High Court stating therein that Writ Petition (C) No. 2150 of 2016 is pending as on 27.07.2016.
Service of show cause notice is complete on both the respondents.
TRANSFER PETITION (CIVIL) No. 895 of 2016
There are ten respondents in this matter.
It is submitted that Mr. K.K. Mani, Advocate has on 5th October, 2016 filed Vakalatnama and Memo of appearance on behalf of respondent nos. 4 and 5, but has not filed Counter Affidavit on their behalf so far, but has not filed Counter Affidavit on their behalf so far. Contd...5/
It is further submitted that Mr. Shashi Bhushan Kumar, Advocate has on 2nd December, 2016 filed Vakalatnama and Memo of appearance on behalf of respondent no. 9 and has on 16th December, 2016 filed Vakalatnama and Memo of appearance on behalf of respondent no. 1, but has not filed Counter Affidavit so far.
It is also submitted that certificate of service in respect of respondent nos. 2 to 3, 6 to 8 and 10 has been received from the concerned High Court after duly serving the notice to respondent nos. 2 to 3 & 6 on 18.08.2016, to respondent no. 7 on 24.08.2016 and to respondent nos. 8 & 10 on 07.09.2016 but no one has filed Vakalatnama and Memo of appearance on their behalf so far.
It is lastly submitted that the status report dated 23.08.2016 has been received from the concerned High Court stating therein that Writ Petition No. 6958 of 2016 is pending.
Service of show cause notice is complete on all the ten respondents.
TRANSFER PETITIONS (CIVIL) Nos. 884 895 of 2016
It is submitted that Counsel for the Petitioner has on 30.09.2016 filed an application for stay which is defective as not being served on the respondents represented by Advocates and Ld. Counsel for the Petitioner has not cured the defects so far.
Service of show cause notice is complete on all the respondents in all the matters except sole respondent in T.P. (C) No. 893 of 2016.
The matters abovementioned are listed before the Ld. Registrar Court with this Office Report.
Dated this the 10th day of February, 2017.
ASSISTANT REGISTRAR
Copy to : 1. Mr. G. S. Makker, Advocate
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- Ms. Meera Mathur, Advocate
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- M/s. Mitter & Mitter Co., Advocates
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- Mr. Bijoy Kumar Jain,Advocate
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- Mr.Sridhar Potaraju, Advocate
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- Mr. K. K. Mani, Advocate
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- Mr. Shashi Bhushan Kumar, Advocate