Back
SUPREME COURT OF INDIA
T.S. THAKUR, CJI., D.Y. CHANDRACHUD, L. NAGESWARA RAO, JJ.
High Court of Judicature At Patna - Appellant
Versus
Ajay Kumar Srivastava And Ors. - Respondents
Civil Appeal No(s).8665 of 2015.
Decided on : 08-12-2016.
Material Consideration - Compulsory Retirement - The court considered the material presented before the Standing Committee and the Full Court in a case regarding the compulsory retirement of the respondents, highlighting the dispute over whether the material was actually considered and its impact on the appellant's contentions.
Fact of the Case:
The appellant's counsel filed material considered by the Standing Committee and Full Court regarding the compulsory retirement of the respondents. The respondents' counsel disputed the assertion that the material was actually considered.
Finding of the Court:
The court granted a short adjournment for the appellant to place on record an affidavit and a copy of the Agenda circulated for the meeting of the Standing Committee and the Full Court, along with the material presented. The case was listed again in January 2017, with the appellant allowed to urge all contentions.
Issues: Dispute over material considered by the Standing Committee and Full Court in the case of compulsory retirement.
Ratio Decidendi: The court allowed the appellant to provide further evidence regarding the material considered, indicating a willingness to consider the disputed material and the appellant's contentions.
Final Decision: The case was adjourned for the appellant to provide additional evidence, with the appellant allowed to urge all contentions in the future.
ORDER :
Mr. Pravin H. Parekh, learned senior counsel appearing on behalf of the appellant has today filed before us four bound volumes containing material which according to him was considered by the Standing Committee of the High Court and by the Full Court while taking a decision regarding the compulsory retirement of the respondents. Learned counsel for the respondents however submits that the said material was never put up either before the Standing Committee or the Full Court and that the assertion that the said material was actually considered by the Standing Committee and the Full Court is factually incorrect. He submits that the minutes of the meeting of the Standing Committee make it amply clear that only such of the files as are mentioned in the Agenda column of the minutes were put up for consideration and not the entire material which is now sought to be introduced by the appellant.
2. Mr. Parikh disputes this position and seeks a short adjournment to place on record an affidavit and a copy of the Agenda circulated for the meeting of the Standing Committee and the Full Court together with a set of the material that was presented to the Standing Committee and the Full Court. He may do so within four weeks.
3. List again in the month of January, 2017.
We make it clear that the appellant shall be free to urge all such contentions as are otherwise open to them.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
