1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3182 OF 2023 (@ SLP (C) No. 11738/2019) THE ZILLA PARISHAD AURANGABAD Appellant(s) VERSUS MIRZA SUBHAN BAIG & ANR. Respondent(s) O R D E R 1. Leave granted. 2. We have heard Shri Sudhanshu S. Choudhari, learned counsel appearing for the appellant and Shri Amol B. Karande, learned counsel, appearing for Respondent No.1. 3. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 20.03.2018 passed by the High Court of Judicature of Bombay, Bench at Aurangabad in Writ Petition No. 2779 of 2016, by which the High Court has directed the appellant to refer the proposal of Respondent No.1-original writ petitioner to the Divisional Commissioner for considering the claim for regularization on the strength of his long service as a part time Parichar-cum-Peon of the lines of the permanency, by relaxing the age limit so that the competent department is expected to prepare a scheme for regularizing the services of Respondent No.1-original petitioner and other similarly situated employees as full time Parichar , the appellant-employer has preferred the present Appeal. 4. At the outset, it is required to be noted that Respondent No.1
2 raised an Industrial Dispute before the Industrial Court, Aurangabad and by Award dated 18.10.2007, the Industrial Court directed as under:- “1. The Complaint of the Complainant is being allowed partly. 2. It is declared that the respondent has adopted the Unfair Labour practice and is directed that he should refrain from it. 3. It is directed that the respondent should pay the monthly Minimum Pay admissible to the post of Part- Time Scavenger from the date of appointment i.e. from 10-10-91. 4. Whenever the respondent shall fill in the vacant post of Full Time Attendant, he should consider the complainant on priority by relaxing the Condition of age if he fulfils the criteria. 5. There are no Orders as to costs.” 5. It appears that the case of Respondent No.1 was considered for regularization and he was permitted to appear in the written test, pursuant to the advertisements published by the appellant even by giving the age relaxation, however, Respondent No.1 was unsuccessful. 6. Therefore, in fact, in para 14, the High Court specifically observed that no relief of appointment and regularization as a Full Time Parichar can be granted to Respondent No.1, which he failed to secure directly by appearing for that two recruitment tests. Despite the above, in the operative portion of the order and while disposing of the writ petition preferred by the Respondent No.1, the High Court has directed to consider the case of the respondent for regularization and permanency which, as such, is self contradictory.
3 7. Even otherwise on merits also, once the respondent was given opportunity to appear in the written test by relaxing the age and thereafter was unsuccessful, there was no question of any further direction by the High Court still to consider his case for permanency/regularization. It is required to be noted that, as such, the appellant complied with the judgment and Award passed by the Industrial Tribunal dated 18.10.2007. At the cost of repetition, it is observed that the observations made by the High Court in para 16 is just contrary to the observations made by the High Court in para 14 referred to hereinabove. 8. In view of the above and for the reasons stated above, the present Appeal is allowed. The impugned judgment and order passed by the High Court to the extent the directions issued in para 16 of the impugned judgment and order is hereby quashed and set aside. The present Appeal is, accordingly, allowed. No costs. ...........................J (M.R. SHAH) ...........................J (J.B. PARDIWALA) New Delhi; April 28, 2023
4 ITEM NO.25 COURT NO.4 SECTION IX 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) No(s). 11738/2019 (Arising out of impugned final judgment and order dated 20-03-2018 in WP No. 2779/2016 passed by the High Court Of Judicature At Bombay At Aurangabad) THE ZILLA PARISHAD AURANGABAD Petitioner(s) VERSUS MIRZA SUBHAN BAIG & ANR. Respondent(s) IA No. 68192/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT & IA No. 68193/2019 - EXEMPTION FROM FILING O.T. Date : 28-04-2023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE J.B. PARDIWALA For Petitioner(s) Mr. Sudhanshu S. Choudhari, AOR For Respondent(s) Mr. Amol B. Karande, AOR Mr. Sravan Kumar, Adv. Mr. Narendar Rao Thaneer, Adv. Mr. Veshal Tyagi, Adv. Mr. Omkar Deshpande, Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv. UPON hearing the counsel the Court made the following O R D E R Leave granted. The present Appeal is allowed in terms of the signed order. Pending applications stand disposed of. (R. NATARAJAN) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR (Signed order is placed on the file)
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ITEM NO.12 REGISTRAR COURT. 2 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. S.P.S. LALER IA 68192/2019,68193/2019, in Petition(s) for Special Leave to Appeal (C) No(s). 11738/2019 THE ZILLA PARISHAD AURANGABAD Petitioner(s) VERSUS MIRZA SUBHAN BAIG & ANR. Respondent(s) IA No. 68192/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 68193/2019 - EXEMPTION FROM FILING O.T.) Date : 16-01-2023 These matters were called on for hearing today. For Petitioner(s) Mr. Sudhanshu S. Choudhari, AOR For Respondent(s) Mr. Amol B. Karande, AOR Mr. Yuvraj Gaikwad, Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Bharat Bagla, Adv. Ms. Kirti Dadheech, Adv. UPON hearing the counsel through Video Conference, the Court made the following O R D E R Counter affidavit has already been filed on behalf of respondent no. 1. Four weeks time, is granted to respondent no. 2 to file counter affidavit. After the expiry of said period, matter shall be processed for listing before the Hon’ble Court as per rules. S.P.S. LALER Registrar pm
ITEM NO.1707 COURT NO.3 SECTION IX 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) No. 11738/2019 THE ZILLA PARISHAD AURANGABAD Petitioner(s) VERSUS MIRZA SUBHAN BAIG & ANR. Respondent(s) (I.R. and IA No.68192/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.68193/2019-EXEMPTION FROM FILING O.T.) Date : 06-01-2023 This petition was called on for hearing today. CORAM : HON'BLE MRS. JUSTICE B.V. NAGARATHNA [IN CHAMBER] For Petitioner(s) Mr. Sudhanshu S. Choudhari, AOR For Respondent(s) Mr. Amol B. Karande, AOR UPON hearing the counsel the Court made the following O R D E R Registry to ascertain as to whether any learned counsel is appearing on behalf of respondent No. 2 and if so, to show the name in the cause list. (NIDHI AHUJA) (RENU KAPOOR) AR-cum-PS ASSISTANT REGISTRAR
ITEM NO.10 REGISTRAR COURT. 2 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. S.P.S. LALER Petition(s) for Special Leave to Appeal (C) No(s). 11738/2019 THE ZILLA PARISHAD AURANGABAD Petitioner(s) VERSUS MIRZA SUBHAN BAIG & ANR. Respondent(s) (I.R. and IA No.68192/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.68193/2019-EXEMPTION FROM FILING O.T. ) Date : 29-07-2022 This petition was called on for hearing today. For Petitioner(s) Mr. Sudhanshu S. Choudhari, AOR For Respondent(s) Mr. Amol B. Karande, AOR Mr. Pulkit Tyagi,Adv. UPON hearing the counsel through Video Conference, the Court made the following O R D E R Ld. Counsel for respondent No. 1 has failed to file the counter affidavit within the period stipulated under the rules. Ld. Counsel for petitioner has neither taken fresh steps in respect of Respondent No.2 nor Ld. Counsel Ms. Shweta Shepal has filed vakalatnama and counter affidavit on behalf of said respondent despite time taken on last occasion for filing the same. Viewed thus, the matter shall be processed for listing before the Hon'ble Judge in Chambers for further directions. Await orders. List thereafter. S.P.S. LALER Registrar MG
ITEM NO.28 REGISTRAR COURT. 2 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. S.P.S. LALER Petition(s) for Special Leave to Appeal (C) No(s). 11738/2019 THE ZILLA PARISHAD AURANGABAD Petitioner(s) VERSUS MIRZA SUBHAN BAIG & ANR. Respondent(s) (I.R. and IA No.68192/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.68193/2019-EXEMPTION FROM FILING O.T. ) Date : 29-04-2022 This petition was called on for hearing today. For Petitioner(s) Mr. Sudhanshu S. Choudhari, AOR For Respondent(s) Mr. Amol B. Karande, AOR Mr. Pulkit Tyagi,Adv. UPON hearing the counsel through Video Conference, the Court made the following O R D E R Ld. Counsel for respondent No. 1 has failed to file the counter affidavit within the period stipulated under the rules. Service is not complete in respect of Respondent No.2. However, on last occasion, Ld. Counsel Ms. Shweta Shepal appearing on behalf of Mr. Sachin Patil, Ld. AOR sought time for filing vakalatnama and counter affidavit on behalf of respondent No.2, but till date he has not filed the same. Hence, t wo weeks time, as last chance is given to Ld. Counsel for Petitioner to take fresh steps in respect of Respondent No.2. List again on 29.07.2022. S.P.S. LALER Registrar MG
ITEM NO.16 REGISTRAR COURT. 2 THROUGH VIDEO CONFERENCE SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. SAURABH PARTAP SINGH LALER Petition(s) for Special Leave to Appeal (C) No(s). 11738/2019 THE ZILLA PARISHAD AURANGABAD Petitioner(s) VERSUS MIRZA SUBHAN BAIG & ANR. Respondent(s) (FOR ADMISSION and I.R. and IA No.68187/2019-CONDONATION OF DELAY IN FILING and IA No.68192/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.68193/2019-EXEMPTION FROM FILING O.T. and IA No.68189/2019-CONDONATION OF DELAY IN REFILING ) Date : 16-03-2022 This petition was called on for hearing today. For Petitioner(s) Mr. Sudhanshu S. Choudhari, AOR For Respondent(s) Mr. Amol B. Karande, AOR UPON hearing the counsel through Video Conference, the Court made the following O R D E R Four weeks time, as a last chance is granted to respondent no. 1 to file the counter affidavit. Service is not complete on respondent No. 2. However, Ms. Shweta Shepal, Ld. Advocate for Mr. Sachin Patil has appeared on behalf of respondent no. 1. She seeks and is granted four weeks time to file the vakalatnama and counter affidavit. List again on 29.04.2022. SAURABH PARTAP SINGH LALER Registrar
ITEM NO.40 REGISTRAR COURT. 2 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SURINDER S. RATHI Petition(s) for Special Leave to Appeal (C) No(s). 11738/2019 THE ZILLA PARISHAD AURANGABAD Petitioner(s) VERSUS MIRZA SUBHAN BAIG & ANR. Respondent(s) (FOR ADMISSION and I.R. and IA No.68187/2019-CONDONATION OF DELAY IN FILING and IA No.68192/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.68193/2019-EXEMPTION FROM FILING O.T. and IA No.68189/2019-CONDONATION OF DELAY IN REFILING ) Date : 19-08-2019 This petition was called on for hearing today. For Petitioner(s) Mr. Sudhanshu S. Choudhari, AOR For Respondent(s) Mr. Amol B. Karande, AOR UPON hearing the counsel the Court made the following O R D E R Four weeks’ time is given to respondent No.1 to file counter affidavit. Fresh steps for the service of notice by usual mode to the respondent No. 2 shall be taken by the learned counsel for the petitioner within a period of two weeks. List again on 11.12.2019. SURINDER S. RATHI Registrar MG
ITEM NO.8 COURT NO.12 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 10185/2019 (Arising out of impugned final judgment and order dated 20-03- 2018 in WP No. 2779/2016 passed by the High Court Of Judicature At Bombay At Aurangabad) THE ZILLA PARISHAD AURANGABAD Petitioner(s) VERSUS MIRZA SUBHAN BAIG & ANR. Respondent(s) (FOR ADMISSION and I.R. and IA No.68187/2019-CONDONATION OF DELAY IN FILING and IA No.68192/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.68193/2019-EXEMPTION FROM FILING O.T. and IA No.68189/2019-CONDONATION OF DELAY IN REFILING ) Date : 29-04-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE M.R. SHAH For Petitioner(s) Mr. Sudhanshu S. Choudhari, AOR Mr. Yogesh S. Kolte, Adv. Ms. Surabhi Guleria, Adv. Ms. Nandini Singla, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned. Issue notice. Exemption from filing certified copy of the impugned judgment is granted. Exemption from filing official translation is granted. (GEETA AHUJA) (KAILASH CHANDER) COURT MASTER (SH) ASSISTANT REGISTRAR