1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5257 /2022 [@ SLP [C] NO.2648/2021] THE MANAGEMENT OF ADDISON AND CO. LTD. Petitioner(s) VERSUS M. ABDUL SALAM Respondent(s) O R D E R Leave granted. We have heard learned counsel for the parties. There is no dispute that the respondent did resign though there is an issue raised whether the letter was accepted at back date and whether there was an element of duress or pressure on the respondent to resign. On these aspects, the findings of fact are against the appellant. We have perused the award of the Tribunal and the judgment of the High Court and looking to the facts and circumstances, we are inclined to modify the benefit to accrue to the respondent in terms of the impugned judgment to 50 per cent of the back wages. Twenty Five per cent of the back wages already stands paid and the remaining 25 per cent should be remitted to the respondent within a period of six weeks from today. The appeal is allowed to the aforesaid extent leaving the parties to bear their own cots.
2 The respondent may furnish the PAN Card/Aadhar Card details to the appellant as it is the submission of learned counsel for the appellant that the same would assist in the extent of deductions being less with the quantum of TDS coming down. The needful be done within a period of two weeks. …………………………………………..J. [SANJAY KISHAN KAUL] …………………………………………..J. [M.M. SUNDRESH] NEW DELHI; AUGUST 12, 2022.
3 ITEM NO.31 COURT NO.4 SECTION XII 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). 2648/2021 (Arising out of impugned final judgment and order dated 18-02-2020 in WA No. 1946/2019 passed by the High Court Of Judicature At Madras) THE MANAGEMENT OF ADDISON AND CO. LTD. Petitioner(s) VERSUS M. ABDUL SALAM Respondent(s) IA No. 48615/2021 - APPLICATION FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS Date : 12-08-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. E.R. Kumar, Adv. Mr. Raghav Bansal, Adv. M/S. Parekh & Co., AOR For Respondent(s) Dr. Ajay Kumar, Adv. Mr. Kaushal Yadav, AOR Mr. Pawan Singh, Adv. Mr. Nand Lal K. Mishra, Adv. Mr. Rakesh Kumar Yadav, Adv. Mr. Shafik Ahmad, Adv. Ms. Yasoda Katiyar, Adv. Ms. Seema Patnaha, Adv. Mr. Pritvi Pal, Adv. Mr. Ritul Tandan, Adv. UPON hearing the counsel the Court made the following O R D E R Leave granted. The appeal is allowed in terms of the signed order. Pending application stands disposed of. (ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) [Signed order is placed on the file]
ITEM NO.801 COURT NO.5 SECTION XII 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). 2648/2021 (Arising out of impugned final judgment and order dated 18-02-2020 in WA No. 1946/2019 passed by the High Court Of Judicature At Madras) THE MANAGEMENT OF ADDISON AND CO. LTD. Petitioner(s) VERSUS M. ABDUL SALAM Respondent(s) Date : 28-07-2022 This petition was called on for in mentioning Board today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Raghav Bansal, Adv. M/S. Parekh & Co., AOR For Respondent(s) Mr. Kaushal Yadav, AOR Mentioned By Dr. Ajay Kumar, Adv. Mr. Nandlal Kumar Mishra, Adv. Mr. Shafik Ahmed, Adv. Ms. Yashoda Katiyar, Adv. UPON hearing the counsel the Court made the following O R D E R List on 08.08.2022. [CHARANJEET KAUR] [POONAM VAID] ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
ITEM NO.27 REGISTRAR COURT. 1 THROUGH VIDEO CONFERENCE SECTION XII 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. RAJESH KUMAR GOEL Petition(s) for Special Leave to Appeal (C) No(s). 2648/2021 THE MANAGEMENT OF ADDISON AND CO. LTD. Petitioner(s) VERSUS M. ABDUL SLAM Respondent(s) Date : 02-08-2021 This petition was called on for hearing today. For Petitioner(s) Mr. Sameer Parekh, Adv. Mr. E.R. Kumar, Adv. Mr. Raghav Bansal, Adv. Ms. Nitika Pandey, Adv. M/S. Parekh & Co., AOR For Respondent(s) Dr. Ajay Kumar, Adv. Mr. Dhruv Singh, Adv. Mr.Nandlal Kumar Mishra, Adv. Mr. Kaushal Yadav, AOR UPON hearing the counsel through Video Conference, the Court made the following O R D E R Ld. counsel for the respondent seeks two weeks’ time for filing counter affidavit and makes a request to list the matter before the Hon’ble Court. In view of the submission made above, Ld. counsel for the respondent is granted four weeks’ time for filing counter affidavit. Registry to process the matter for listing before the Hon'ble Court after completion of period of four weeks, even if there is no counter affidavit, as submitted by Ld. counsel for the respondent. RAJESH KUMAR GOEL Registrar
1 ITEM NO.7 Court 8 (Video Conferencing) SECTION XII 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). 2648/2021 (Arising out of impugned final judgment and order dated 18-02- 2020 in WA No. 1946/2019 passed by the High Court Of Judicature At Madras) THE MANAGEMENT OF ADDISON AND CO. LTD. Petitioner(s) VERSUS M. ABDUL SLAM Respondent(s) (FOR ADMISSION and I.R. and IA No.20795/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.20797/2021- EXEMPTION FROM FILING O.T.) Date :19-02-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE HRISHIKESH ROY For Petitioner(s) Mr. J.P. Cama, Sr. Adv. Mr. Sameer Parekh, Adv. Mr. E.R. Kumar, adv. Mr. Raghav Bansal, Adv. Ms. Nitika Pandey, Adv. Mr. Mayan Prasad, Adv. Ms. Suruchi Kumar, Adv. For M/S. Parekh & Co., AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Applications for exemption from C/C of the impugned judgment and exemption from filing O.T. are allowed. Issue notice returnable in four weeks, confined to the aspect of grant of full back wages to the respondent, the respondent having already reached the age of superannuation. In the meantime, the petitioner will remit 25%
2 of the total back wages to the respondent within four weeks from today and there shall be stay of the recovery of the remaining back wages till the next date. Dasti as well. [CHARANJEET KAUR] [POONAM VAID] ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)