Regarding slp 10619/ 2008 labour issue
Prabhakar Jebakumar
(Querist) 29 June 2013
This query is : Resolved
Respected sir/madam, I need your kind attention regarding case no. SLP civil 10619/2008. This case is being pending in supreme court for 5years. Whenever it is listed in a specific date, in the last minute the listed date is changed to some other date after 0ne year. Now the case was listed in 08/07/2013. But while I see now, I cant find the date there and also the case in not listed in the daily list. Almost 30years gone in various courts. While I ask our lawyer, he told that the Honourable Chief Justice is going to retire soon. So he is not having any right ti pronounce any judgement now. So the case is not listed. I cant understend this. Kindly advice me so that the case will come at the specified date. Thank you
Isaac Gabriel
(Expert) 11 October 2015
The case status information shows the detail as below
SUPREME COURT OF INDIA
Case Status Status : DISPOSED
This Case is converted to : Appeal Civil 9792 OF 2013
Status of : Appeal Civil 9792 OF 2013
MANAGEMENT OF ART INDUSTRIAL SCHOOL .Vs. GEN. SEC. INDUSTRIAL ESTATE WORKERCENTER
Pet. Adv. : MR. ARAVINDH S. Res. Adv. : MS. N. SHOBA
Subject Category : LABOUR MATTERS - RETRENCHMENT
Date of Disposal : 29/10/2013
Last updated on Oct 10 2015
Anirudh
(Expert) 11 October 2015
The final order by the Hon'ble Supreme Court in the case is as under:
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.9792 OF 2013
(ARISING OUT OF SLP(C) NO.10619/2008)
MANAGEMENT OF ART INDUSTRIAL SCHOOL ....APPELLANT
VERSUS
GEN. SEC. INDUSTRIAL ESTATE WORKER CENTER ...RESPONDENT
O R D E R
On a reference made, the Labour Court by its Award dated 08.10.1992,directed for reinstatement of 22 workmen with back wages.
The petitioner's challenge to the aforesaid Award had failed before the learned Single Judge of the High Court and before the Division Bench in appeal.
It is these orders which have been challenged in the present special leave petition.
By order dated 05.05.2008, notice was issued limited to the question of payment of back wages and consequential benefits.
Leave limited to the aforesaid question granted.
We have heard learned counsel for the parties.
The details of period for which each of the workmen were engaged have been placed before us. The said details show that workmen have worked for a period varying from 1 year to 3 years 9 months.
In the facts and circumstances of the case, we are of the opinion that a lump sum compensation of Rs.1,50,000/- to such of the workmen who have worked for one year but less than 2 years, Rs.2,50,000/- for those who have worked for more than 2 years but less than 3 years and Rs.3,50,000/- for those who have worked for 3 years or more, would meet the ends of justice.
We order accordingly.
While making the aforesaid payment, the payment already made to the workmen under section 17B of the Industrial Disputes Act, 1947,shall be adjusted.
The payment as directed above be made to the workmen by November 01, 2013, failing which it shall carry interest at the rate of 6% per annum till its payment.
Learned counsel appearing for the applicant / Intervenor submits that he has instructions not to press the intervention application. It is dismissed accordingly.
In the result, we partly allow the appeal and modify the impugned order only to the extent of back wages, but without any order as to costs.
......J (Chandramauli Kr. Prasad)
......J (Jagdish Singh Khehar)
New Delhi;
October 29, 2013.
ITEM NO.7 COURT NO.8 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 (Civil) No(s).10619/2008
(From the judgement and order dated 06/09/2007 in WA No.2435/2002 of The
HIGH COURT OF MADRAS)
MANAGEMENT OF ART INDUSTRIAL SCHOOL Petitioner(s)
VERSUS
GEN. SEC. INDUSTRIAL ESTATE WORKERCENTER Respondent(s)
(With appln(s) for intervention, permission to place addl. documents on record and prayer for interim relief and office report)
(For final disposal)
Date: 29/10/2013
This Petition was called on for hearing today.
CORAM :
HON'BLE MR.JUSTICE CHANDRAMAULI KR.PRASAD
HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR
For Petitioner(s) Mr. V.Prakash, Sr. Adv.
Mr. Aravindh S.,Adv.
For Respondent(s) Mr. Sri Ram J. Thalapathy, Adv. Mr. V. Adhimoolam, Adv.
Ms. N. Shoba,Adv. (N.P.)
UPON hearing counsel the Court made the following
O R D E R
Leave limited to the question as indicated in the signed order granted.
The appeal is partly allowed in terms of the signed order.
(Sanjay Kumar) (Indu Satija)
Court Master| Court Master
(Signed order is placed on the file)
