Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law-Absorption - Of retrenched employees- Under Uttar Pradesh Absorption of Retrenched Employees of Government or Public Corporations in Government Service Rules 1991 - Writ petition by some of the employees seeking absorption under the 1991 Rules allowed and that order confirmed upto Supreme Court - |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law-Absorption - Of retrenched employees-Under Uttar Pradesh Absorption of Retrenched Employeesof Government or Public Corporations in Government ServiceRules, 1991 - Writ petition by some of the employeesseeking absorption under the 1991 Rules allowed and thatorder confirmed upto Supreme Court - In the pending writpetitions which was filed by the present appellants (otheremployees of the respondent-Corporation), benefits similarto that granted in other writ petition, sought- Single Judge ofHigh Court allowed the petition - Division Bench of HighCourt questioning the ratio of the judgment passed by theSingle Judge of the High Court passed in the other writpetition, set aside the order in the present case- On appeal,held: When the controversy had been put to rest by this courtin the earlier judgment, the Division Bench of High Courtwas not right in entering into the analysis of the ratio of theearlier judgment and discussion on binding precedent- Thiskind of unnecessary enthusiastic quest should be avoidedas it is contrary to the principles o( judicial discipline - Thiskind of situation also procrastinates the litigations and isextremely expensive and time-consuming - Appellants-employees are entitled to the benefit of absorption - Theyshall be absorbed as per their seniority - In the facts andcircumstances of the case, it is directed that they are paid40% of the back wages - Uttar Pradesh Absorption ofRetrenched Employees of Government or PublicCorporations in Government Service Rules, 1991 - Constitution of India, 1950- Art. 141 - Precedent - JudicialDiscipline |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2015 INSC 1018 |
Petitioner | Sunil Kumar Verma And Others |
Respondent | State Of U.p. And Others |
SCR | [2015] 9 S.C.R. 566 |
Judgement Date | 2015-09-09 |
Case Number | 9165-9172 |
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