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SUPREME COURT OF INDIA
S.H.KAPADIA, CJI., AFTAB ALAM, SWATANTER KUMAR, JJ.
State of A.P.
v.
Obulapuram Mining Co. (P) Ltd.
SLPs. © Nos. 7366-67 of 2010 with WP (c) 562 of 2009
Decided On : 10-02-2012
Judgment
1. The petitions shall stand over for two weeks in order to enable the Central Empowered Committee to take into account the responses of the parties to its final report dated 3-2-2012. We make it clear that this Court would like to hear the parties on reclamation and rehabilitation aspect of the case at the earliest. We want the parties appearing before us to cooperate with CEC and work out appropriate principles/parameters for expeditious rehabilitation. In the meantime, we direct CEC to consider the unnumbered IA filed by the petitioner in Writ Petition (C) No. 562 of 2009 for appropriate recommendations.
2. Place the matter as regards CBI after two weeks.
3. IAs Nos. 40-41 and the unnumbered IA relating to Chidananda are dismissed as withdrawn.
Court Masters
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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