1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. OF 2023 (arising out of SLP(Crl.) No. 3556 of 2022) ANUPAM B VYAS APPELLANT(S) VERSUS UNION OF INDIA & ORS. RESPONDENT(S) O R D E R I.A. no. 169264/2023 filed by Saroj Singh Saini and Rajbir Singh, who are employees of the Food Corporation of India 1 seeking impleadment is allowed. They will be arrayed as respondent nos. 4 and 5, respectively, to the present appeal by special leave. Leave granted. We have heard learned counsel for the parties including the learned counsel appearing for the newly impleaded respondent nos. 4 and 5. It has been stated by the learned counsel for the parties, and we accept, that the FCI wants to make payment in terms of the award dated 29.02.2016 passed by the Central Government Industrial Tribunal- cum -Labour Court no. 1, Karkardooma Courts Complex, Delhi in ID Case no. 192/2011. Issues have, however, arisen with regard to the verification to ensure payment to the genuine employees entitled to payment in terms of the award. The verification exercise has been/is being conducted by the Chief Labour Commissioner (Central). 1 For short, “FCI”.
2 We direct the appellant – Anupam B. Vyas, who was the erstwhile General Manager (R), FCI, Regional Office (Uttarakhand), Dehradun, and is presently, the General Manager (Central), FCI, Zonal Office (East), Kolkata, West Bengal, to ensure deposit of Rs.1 crore with the Chief Labour Commissioner (Central), Dehradun within eight weeks from today. The deposit, on being made, will be kept in multiple interest bearing Fixed Deposit Receipts (FDRs). The amount deposited will be disbursed to the eligible employees/workmen of the FCI after due verification, by breaking the FDR(s), if required even prematurely. Before disbursal of any amount to the workman, the Chief Labour Commissioner (Central) will issue notice to the Disbursement Officer/Drawing and Disbursement Officer of the FCI, who will be entitled to raise objections, if any. The disbursement will be made after one month from the date the letter for proposed disbursement by the Chief Labour Commissioner (Central) is received/served on the General Manager (R), FCI, Regional Office (Uttarakhand), Dehradun, or in case objection is filed, after the disposal of the objection. Excess amount, if any, after payment has been made along with interest, will be refunded to the FCI. In case any further payment is required to be made, the appellant/FCI will make it good. The pending prosecution proceedings before the Chief Judicial Magistrate, Haridwar, Uttarakhand, shall stand closed/disposed of, and can be re-initiated by the Chief Labour Commissioner (Central) in case there is any default by the FCI. We hope and trust that the execution proceedings viz., the
3 award will be disposed of expeditiously. Recording the aforesaid, the appeal is disposed of. Pending application(s), if any, shall stand disposed of. ..................J. (SANJIV KHANNA) ..................J. (S.V.N. BHATTI) NEW DELHI; OCTOBER 20, 2023.
4 ITEM NO.41 COURT NO.3 SECTION II-B 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 (Crl.) No. 3556/2022 (Arising out of impugned final judgment and order dated 06-12-2021 in CRMA No. 1537/2021 passed by the High Court of Uttarakhand at Nainital) ANUPAM B VYAS Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (IA No. 56195/2022 - EXEMPTION FROM FILING O.T., IA No. 169264/2023 – INTERVENTION/IMPLEADMENT and IA No. 56193/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 20-10-2023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE S.V.N. BHATTI For Petitioner(s) Mr. Jayant K. Sud, Sr. Adv. Mr. Durga Dutt, AOR Mr. Vaibhav Shukla, Adv. Mr. Kartik Jasra, Adv. Mr. Shivam Nagpal, Adv. Mr. Prannit Stefano A., Adv. For Respondent(s) Mr. Vikramjit Banerjee, A.S.G. (N/P) Ms. Nachiketa Joshi, Adv. Mr. Shashank Bajpai, Adv. Mr. Jitendra Kr. Tripathi, Adv. Mr. Amrish Kumar, AOR Mr. Vishwa Pal Singh, AOR Mr. Vikas Negi, Adv. Mr. Adesh Kr. Gill, Adv. Mr. Bharpur Singh, Adv. Mr. Y.P. Singh, Adv. Ms. Bhavya Tyagi, Adv. Mr. Prateek Rai, Adv. Mr. Ankur Yadav, AOR Mr. Shashank Shekhar, Adv.
5 UPON hearing the counsel the Court made the following O R D E R I.A. no. 169264/2023 filed by Saroj Singh Saini and Rajbir Singh, who are employees of the Food Corporation of India 2 seeking impleadment is allowed. They will be arrayed as respondent nos. 4 and 5, respectively, to the present appeal by special leave. Leave granted. The appeal is disposed of in terms of the signed order. Pending application(s), if any, shall stand disposed of. (DEEPAK GUGLANI) (R.S. NARAYANAN) AR-cum-PS ASSISTANT REGISTRAR (signed order is placed on the file) 2 For short, “FCI”.
SLP(Crl.) No. 3556/2022 ITEM NO.37 COURT NO.3 SECTION II-B 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 (Crl.) No. 3556/2022 (Arising out of impugned final judgment and order dated 06-12-2021 in CRMA No. 1537/2021 passed by the High Court of Uttarakhand at Nainital) ANUPAM B VYAS Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (IA No. 56195/2022 - EXEMPTION FROM FILING O.T.. IA No. 169264/2023 – INTERVENTION/IMPLEADMENT and IA No. 56193/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 27-09-2023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE S.V.N. BHATTI For Petitioner(s) Mr. Jayant K. Sud, Sr. Adv. Mr. Durga Dutt, AOR Mr. Kartik J., Adv. Mr. Prannit Stefano, Adv. Mr. Shivam Nagpal, Adv. Mr. Aakash Basoya, Adv. For Respondent(s) Mr. Vikramjit Banerjee, A.S.G. Mr. Amrish Kumar, AOR Mr. Nachiketa Joshi, Adv. Mr. Shashank Bajpai, Adv. Mr. Jitender Kumar Tripathi, Adv. Mrs. Ananya Ghosh, Adv. Mr. Vishwa Pal Singh, AOR Mr. Vikas Negi, Adv. Mr. Adesh Kr. Gill, Adv. Mr. Bharpur Singh, Adv. Mr. Ashutosh Bhardwaj, Adv. Ms. Kadambini Arora, Adv. Mr. Dewangan Kiran Bala, Adv. Mr. Ankur Yadav, AOR Mr. Kuldeep Yadav, Adv. Mr. Shashank Shekhar, Adv.
SLP(Crl.) No. 3556/2022 UPON hearing the counsel the Court made the following O R D E R Learned counsel for the intervenors states that the issue relates to payment of wages for one year, that is for the period between 2003 and 2004. Learned counsel for the petitioner – Anupam B. Vyas will obtain instructions as to whether on the payment of the wages in terms of the report submitted by the labour authorities quietus can be given to the matter including the criminal proceedings. Re-list after three weeks. Interim order dated 29.04.2022, as extended by three subsequent orders, shall continue to operate till the next date of hearing. (DEEPAK GUGLANI) (R.S. NARAYANAN) AR-cum-PS ASSISTANT REGISTRAR
1 ITEM NO.22 COURT NO.7 SECTION II-B 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 (Crl.) No(s). 3556/2022 (Arising out of impugned final judgment and order dated 06-12-2021 in CRMA No. 1537/2021 passed by the High Court of Uttarakhand at Nainital) ANUPAM B VYAS Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (IA No. 56195/2022 - EXEMPTION FROM FILING O.T. IA No. 56193/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 05-04-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Jayant K Sud, A.S.G. Mr. Durga Dutt, AOR Mr. Rohit Priyadarshi, Adv. Mr. Kartik Jasra, Adv. Mr. Vaibhav Shukla, Adv. For Respondent(s) Mr. Vishwa Pal Singh, AOR Mr. Adesh Kr. Gill, Adv. Mr. P.s. Tomar, Adv. Mr. Vikash Negi, Adv. Mr. Ashutosh Bhardwaj, Adv. Mr. Jhingan Ashwani Omprakash, Adv. UPON hearing the counsel, the Court made the following O R D E R There is no appearance on behalf of the respondent no.1 – Union of India. Learned counsel appearing for respondent no.2, who states that
2 he has not been receiving instructions. We direct respondent no.3 to verify the list of persons/workmen to whom payment is genuinely due and payable. The petitioner will cooperate in the verification exercise. . Verification/status report will be filed by respondent no.3 in this Court within a period of three months from today. Court notice would be issued to the standing/nominated counsel for respondent no. 1- Union of India. Re-list in the month of September 2023. Interim order to continue. (BABITA PANDEY) (R.S. NARAYANAN) COURT MASTER (SH) COURT MASTER (NSH)
1 ITEM NO.45 COURT NO.8 SECTION II-B 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 (Crl.) No(s). 3556/2022 (Arising out of impugned final judgment and order dated 06-12-2021 in CRMA No. 1537/2021 passed by the High Court Of Uttarakhand At Nainital) ANUPAM B VYAS Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) ([ LIST IN THE MONTH OF 2023. ] IA No. 56195/2022 - EXEMPTION FROM FILING O.T. IA No. 56193/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 03-01-2023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Jayant K. Sud, Sr. Adv. Mr. Durga Dutt, AOR Mr. Vaibhav Shukla, Adv. For Respondent(s) Mr. Vishwa Pal Singh, AOR Mr. Ashutosh Bhardwaj, Adv. Mr. Subham Saxena, Adv. Mr. Shayam Sundar Sharma, Adv. UPON hearing the counsel the Court made the following O R D E R Learned counsel appearing for the State of Uttarakhand prays for some time to obtain instructions from the Labour Commissioner in re the process of verification of the persons who are entitled to payment as they were, in fact, working/employed and are covered by the award.
2 Re-list in the month of April 2023. Interim order to continue till the next date of hearing. (DEEPAK JOSHI) (R.S. NARAYANAN) COURT MASTER (SH) COURT MASTER (NSH)
SLP (Crl.) No(s). 3556/2022 ITEM NO.36 COURT NO.13 SECTION II-B 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 (Crl.) No(s). 3556/2022 (Arising out of impugned final judgment and order dated 06-12-2021 in CRMA No. 1537/2021 passed by the High Court Of Uttarakhand At Nainital) ANUPAM B VYAS Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) ( IA No. 56195/2022 - EXEMPTION FROM FILING O.T. IA No. 56193/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 05-08-2022 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE BELA M. TRIVEDI For Petitioner(s) Mr. Jayant K. Sud, ASG Mr. Durga Dutt, AOR Mr. Rohit Priyadarshi, Adv. Mr.Vaibhav Shukla, Adv. For Respondent(s) Mr. Vishwa Pal Singh, AOR Mr. Vikas Negi, Adv. Mr. Ram Singh Baliyan, Advocate Mr. Ombir Sangwan, Adv Mr. Sandeep Kumar, Adv Mr. P.S. Tomar, Adv Mr. Mohd. Alim Khan, Adv UPON hearing the counsel the Court made the following O R D E R In view of the letter for adjournment circulated by the learned counsel for the respondents, list in the month 1
SLP (Crl.) No(s). 3556/2022 of January, 2023. Counter affidavit may be filed within four weeks’. Rejoinder affidavit, if any, may be filed within four weeks’ thereafter. Interim order to continue. (SONIA BHASIN) (DIPTI KHURANA) COURT MASTER (SH) ASSISTANT REGISTRAR 2
Revised ITEM NO.15 COURT NO.15 SECTION II-B 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 (Crl.) No(s). 3556/2022 (Arising out of impugned final judgment and order dated 06-12-2021 in CRMA No. 1537/2021 passed by the High Court Of Uttarakhand At Nainital) ANUPAM B VYAS Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.56195/2022-EXEMPTION FROM FILING O.T. and IA No.56193/2022-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ) Date : 29-04-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE BELA M. TRIVEDI For Petitioner(s) Mr. Jayant K. Sud, Ld. ASG Mr. Rohit Priyadarshi, Adv. Mr. Vaibhav Shukla, Adv. Mr. Durga Dutt, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice, returnable within six weeks in the month of July, 2022. Further, proceedings initiated pursuant to the complaint shall remain stayed till the next date of hearing. (ARUSHI SUNEJA) (DIPTI KHURANA) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)
ITEM NO.15 COURT NO.15 SECTION II-B 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 (Crl.) No(s). 3556/2022 (Arising out of impugned final judgment and order dated 06-12-2021 in CRMA No. 1537/2021 passed by the High Court Of Uttarakhand At Nainital) ANUPAM B VYAS Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.56195/2022-EXEMPTION FROM FILING O.T. and IA No.56193/2022-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ) Date : 29-04-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE BELA M. TRIVEDI For Petitioner(s) Mr. Jayant K. Sud, Adv. Mr. Durga Dutt, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice, returnable within six weeks in the month of July, 2022. Further, proceedings initiated pursuant to the complaint shall remain stayed till the next date of hearing. (ARUSHI SUNEJA) (DIPTI KHURANA) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)