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SUPREME COURT OF INDIA
FAKKIR MOHAMED IBRAHIM KALIFULLA, R. BANUMATHI, JJ.
Navodaya Vidyalaya Samiti And Anr. - Appellant
Versus
Afshan Khan And Ors. - Respondents
Civil Appeal No.4416 of 2016 (Arising out of SLP(C) No.9978 of 2016)
Decided on : 22-04-2016
Interim Order - Employment Dispute - The court set aside the interim order staying the operation of a relieving order and directing the appellants to continue employing the respondents, stating that it virtually decided the main relief by way of an interim order. The Tribunal was directed to take up the appeal for hearing and decide it on merits expeditiously.
Fact of the Case:
The Tribunal had granted an interim order staying the operation of a relieving order and directing the appellants to continue employing the respondents, effectively deciding the main relief by way of an interim order.
Finding of the Court:
The court found that the interim order granted by the Tribunal and confirmed by the High Court cannot be allowed to stand, and directed the Tribunal to take up the appeal for hearing and decide it on merits expeditiously.
Issues: Interim order, Employment dispute, Tribunal's decision
Ratio Decidendi: The court held that the interim order virtually decided the main relief and therefore set it aside, directing the Tribunal to hear and decide the appeal on its merits expeditiously.
Final Decision: The court set aside the interim orders and directed the Tribunal to hear and decide the appeal on its merits expeditiously.
ORDER :
1. Leave granted.
2. Heard Mr. Ranjit Kumar, learned Solicitor General of India for the appellants and Mr. Hemant Sharma and Mr. Rakesh Kumar Singh, learned counsel for the caveators.
3. We are of the view that by way of an interim order by staying the operation of relieving order and by directing the appellants to continue to employ the respondents herein, the Tribunal has virtually decided the O.A. itself and granted the main relief by way of an interim order.
4. In such circumstances, we are convinced that the order granted by the Tribunal dated 2.2.2016 and the confirmation of the same by the High Court vide impugned order dated 29.3.2016 cannot be allowed to stand.
5. While setting aside the said orders, we direct the Tribunal to take up the appeal itself for hearing and decide the same on merits expeditiously, preferably within three months from the date of production of a copy of this order.
6. In the meantime, the appellant shall file its reply and it is open to the respondents to file their rejoinder, if any, to the reply before the Tribunal.
7. The appeal stands disposed of.
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