-1- ITEM NO.30 COURT NO.11 SECTION XI 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).1360/2019 (Arising out of impugned final judgment and order dated 25-10-2018 in SPLAD No.265/2018 passed by the High Court of Judicature at Allahabad) INDIAN TELEPHONE INDUSTRIES LTD. Petitioner(s) VERSUS RAMA KANT SRIVASTAVA & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.7385/2019-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 7385/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) WITH SLP(C) No. 1814/2019 (XI) (IA No. 9557/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) SLP(C) No. 4379/2019 (XI) (IA No. 10667/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 26-09-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE PANKAJ MITHAL For Petitioner(s) Ms. Aishwarya Bhati, A.S.G. Mr. Gautam Narayan, AOR Ms. Asmita Singh, Adv. Mr. Harshit Goel, Adv. Mr. Siddhant Singh, Adv. For Respondent(s) M/S. Gorkela Law Office, AOR Mr. Rajat Sharma, Adv. Mr. Rakesh Tiwari, Adv. Mr. Dr Sanjay Gupta, Adv. Mr. Subhasish Bhowmick, AOR
-2- UPON hearing the counsel the Court made the following O R D E R These special leave petitions arise out of the orders passed by the High Court. There was delay on the part of the petitioners in releasing the amounts payable to the retired employees on account of encashment of privilege leave. Therefore, the respondents invoked jurisdiction of the High Court under Article 226 of the Constitution of India. The learned Single Judge of the High Court while allowing the writ petitions filed by the respondents directed the petitioners to pay interest on the amount payable by way of privilege leave encashment at the rate of 8.65 per cent. The order of the learned Single Judge was challenged by the petitioners by filing a Special Appeal before the Division Bench of the High Court. The High Court directed the petitioners to justify their conduct of delay in making payment of leave encashment benefit. Therefore, the petitioners were directed to file an affidavit. The Division Bench found thereafter affidavit of the petitioners to be very vague and not in terms of the order passed earlier by the Division Bench. For that reason and for the reason that there was no explanation for the delay in preferring the Special Appeal, the impugned order dismissing the Special Appeal has been passed. Ms. Aishwarya Bhati, learned Additional Solicitor General has invited our attention to the additional affidavit filed on behalf of the petitioners which shows severe financial constraints faced by the petitioners.
-3- In the present case, it is not in dispute that the interest amount has been paid to the respondents in terms of the impugned order of the learned Single Judge. After having perused the impugned order of the Division Bench and after perusing the affidavit which is referred in the order, we find that on facts, the Division Bench was right that the affidavit was not satisfactory. There are two reasons which persuade us not to interfere in these special leave petitions. The first is that the Division Bench of the High Court has not confirmed the order of the learned Single Judge on the merits but on the ground that notwithstanding the grant of opportunity to explain the delay in releasing the amount of leave encashment, the petitioners could not satisfactorily explain the delay. There is one more factor. As indicated earlier, the impugned order has been complied with. Therefore, in view of the peculiar facts, we decline to entertain these special leave petitions. We, however, make it clear that this order shall not be construed to mean that we have affirmed the view taken by the learned Single Judge. If an occasion arises to deal with similar challenge, the petitioners can contest the proceedings on all available grounds including the grounds which are set out in the additional affidavit filed in this Court on 04 th July, 2023.
-4- Subject to what is observed above, these special leave petitions are dismissed. Pending application(s), if any, shall stand disposed of. (SAPNA BISHT) (AVGV RAMU) COURT MASTER (SH) COURT MASTER (NSH)
ITEM NO.54 COURT NO.12 SECTION XI 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). 1360/2019 (Arising out of impugned final judgment and order dated 25-10-2018 in SPLAD No. 265/2018 passed by the High Court Of Judicature At Allahabad) INDIA TELEPHONE INDUSTRIES LTD. Petitioner(s) VERSUS RAMA KANT SRIVASTAVA & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.7385/2019-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) WITH SLP(C) No. 1814/2019 (XI) (IA No. 9557/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) SLP(C) No. 4379/2019 (XI) (IA No. 10667/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 05-07-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE SANJAY KAROL For Petitioner(s) Ms. Aishwarya Bhati, A.S.G. Ms. Asmita Arya, Adv. Mr. Gautam Narayan, AOR Ms. Asmita Singh, Adv. Ms. Akriti Arya, Adv. Mr. Harshit Goel, Adv. For Respondent(s) M/S. Gorkela Law Office, AOR Mr. Subhasish Bhowmick, AOR UPON hearing the counsel the Court made the following O R D E R List on 26.09.2023. (INDU MARWAH) (AVGV RAMU) COURT MASTER (SH) COURT MASTER (NSH)
1 ITEM NO.31 COURT NO.10 SECTION XI 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). 1360/2019 (Arising out of impugned final judgment and order dated 25-10-2018 in SPLAD No. 265/2018 passed by the High Court of Judicature at Allahabad) INDIA TELEPHONE INDUSTRIES LTD. Petitioner(s) VERSUS RAMA KANT SRIVASTAVA & ORS. Respondent(s) (FOR ADMISSION and I.R.; IA No. 7385/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) WITH SLP(C) No. 1814/2019 (XI) (IA No. 9557/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ ANNEXURES) SLP(C) No. 4379/2019 (XI) (IA No. 10667/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 13-05-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE ABHAY S. OKA For Petitioner(s) Mr. Gautam Narayan, AOR Ms. Asmita Singh, Adv. For Respondent(s) Mr. Manoj Gorkela, Adv. Mr. Raj Sarit Khare, Adv. Mr. Gaganpreet Singh, Adv. for M/S. Gorkela Law Office, AOR Mr. Subhasish Bhowmick, AOR UPON hearing the counsel the Court made the following O R D E R In view of letter circulated by learned counsel for the petitioner seeking adjournment to file additional affidavit, list the matters after six weeks. (SWETA BALODI) (RENU BALA GAMBHIR) COURT MASTER (SH) COURT MASTER (NSH)
ITEM NO.31 Court 12 (Video Conferencing) SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) No. 1360/2019 (Arising out of impugned final judgment and order dated 25-10-2018 in SPLAD No. 265/2018 passed by the High Court of Judicature at Allahabad) INDIA TELEPHONE INDUSTRIES LTD. Petitioner(s) VERSUS RAMA KANT SRIVASTAVA & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.7385/2019-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES (IA No. 7385/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/ FACTS/ANNEXURES) WITH SLP(C) No. 1814/2019 (XI) (IA No. 9557/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/ FACTS/ANNEXURES) SLP(C) No. 4379/2019 (XI) (IA No. 10667/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/ FACTS/ANNEXURES) Date : 17-12-2021 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE R. SUBHASH REDDY HON'BLE MR. JUSTICE HRISHIKESH ROY For Petitioner(s) Ms. Asmita Singh, Adv. Mr. Gautam Narayan, AOR For Respondent(s) Mr. Manoj Gorkela, Adv. M/S. Gorkela Law Office, AOR Mr. Rajat Sharma, Adv. Mr. Rakesh Tiwari, Adv. Mr. Prabhoo Dayal Tiwari, Adv. Mr. Ajay Kumar, Adv. Mr. Subhasish Bhowmick, AOR UPON hearing the counsel the Court made the following O R D E R List after Christmas Vacation. Counter affidavit on behalf of respondents be filed within a period of four weeks. Registry to accept the same and place on record. (NEETA SAPRA) (DIPTI KHURANA) COURT MASTER (SH) COURT MASTER (NSH)
ITEM NO.70 REGISTRAR COURT. 2 SECTION XI 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 RAJESH KUMAR GOEL Petition(s) for Special Leave to Appeal (C) No(s). 1360/2019 INDIA TELEPHONE INDUSTRIES LTD. Petitioner(s) VERSUS RAMA KANT SRIVASTAVA & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.7385/2019-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ) WITH SLP(C) No. 1814/2019 (XI) (FOR ADMISSION and I.R. and IA No.9557/2019-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) SLP(C) No. 4379/2019 (XI) (FOR ADMISSION and I.R. and IA No.10665/2019-CONDONATION OF DELAY IN FILING and IA No.10667/2019-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 02-04-2019 This petition was called on for hearing today. For Petitioner(s) Mr. Gautam Narayan, AOR For Respondent(s) Mr. Subhasish Bhowmick, AOR M/S. Gorkela Law Office, AOR Mr.Manoj Gorkela,Adv. Mr.Arpit Bisht,Adv. UPON hearing the counsel the Court made the following O R D E R In all matters, respondent No.1 has filed vakalatnama. Service is complete qua respondent Nos.2 & 3 but no one has entered appearance on their behalf. ……...2
ITEM NO.70 -2- The Hon’ble Court vide order dated 25.01.2019 issued notice returnable in eight weeks. Therefore, matter be processed for listing before the Hon’ble Court for further direction. In the meantime, the respondent No.1 may file counter affidavit. RAJESH KUMAR GOEL Registrar SB
ITEM NO.13 COURT NO.13 SECTION XI 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). 1023/2019 (Arising out of impugned final judgment and order dated 25-09-2018 in WA No. 57913/2013 passed by the High Court Of Judicature At Allahabad) GENERAL MANAGER/ UNIT HEAD INDIAN TELEPHONE INDUSTRIES LTD. Petitioner(s) VERSUS DEEN DAYAL SINGHAL & ORS. Respondent(s) (With appln for c/delay in filing SLP and permission to file additional documents) Date : 08-02-2019 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. Sanjay Jain,ASG Mr. Gautam Narayan, AOR Ms. Saniya Scott,Adv. Ms. Asmita Singh,Adv. For Respondent(s) Mr. Manoj Gorkela,Adv. Mr. Prakash Sharma,Adv. Mr. Mayank Mittal,Adv. Ms. Prakrati Raj,Adv. Mr. Arjun Sain,Adv. M/S. Gorkela Law Office, AOR UPON hearing the counsel the Court made the following O R D E R Delay condoned. Mr. Sanjay Jain, learned ASG states that the respondents would be paid privileged leave encashment due to them, within a period of eight weeks. Issue notice. List this matter along with SLP(C)No.1360/2019. (B.Parvathi) (Kailash Chander) Court Master Assistant Registrar
ITEM NO.13 COURT NO.8 SECTION XI 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). 1360/2019 (Arising out of impugned final judgment and order dated 25-10-2018 in SPLAD No. 265/2018 passed by the High Court of Judicature at Allahabad) INDIA TELEPHONE INDUSTRIES LTD. Petitioner(s) VERSUS RAMA KANT SRIVASTAVA & ORS. Respondent(s) (IA No.7385/2019-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ) WITH SLP(C) No. 1814/2019 (XI) (IA No.9557/2019-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 25-01-2019 These petitions were called on for hearing today. CORAM : HON'BLE MRS. JUSTICE R. BANUMATHI HON'BLE MR. JUSTICE R. SUBHASH REDDY For Petitioner(s) Mr. Sanjay Jain, ASG. Mr. Gautam Narayan, AOR Ms. Asmita Singh, Adv. Mr. Yuvraj Sharma, Adv. Mr. Saniya S., Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice in the special leave petitions as well as in the prayer for interim relief returnable in eight weeks. (SWETA DHYANI) (PARVEEN KUMARI PASRICHA) SENIOR PERSONAL ASSISTANT BRANCH OFFICER