1. Compassionate appointment claim under National Coal Wage Agreement — Settlement under Industrial Disputes Act — Rejection based on dependent's financial capacity. (Para 3 )
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2023 Supreme(SC) 138
SUPREME COURT OF INDIA
AJAY RASTOGI, BELA M. TRIVEDI, JJ.
South Eastern Coalfield Ltd. & Others – Appellants
Versus
Gulshan Prakash – Respondent
Civil Appeal No(s). 8726 of 2018
Decided On : 20-02-2023
Advocates appeared:
For the Appellant(s) : Mr. Ashwarya Sinha, AOR Ms. Priyanka Sinha, Adv. Mr. Aditya Malhotra, Adv.
For the Respondent(s): Mr. Vikrant Singh Bais, AOR Mr. Yogesh Tiwari, Adv. Ms. Neema, Adv. Mr. Varun Thakur, Adv. Ms. Shradha Sharan, Adv. Mr. Shashank R., Adv. Mr. Varinder Kumar Sharma, AOR
For the Appellant(s) : Mr. Ashwarya Sinha, AOR Ms. Priyanka Sinha, Adv. Mr. Aditya Malhotra, Adv.
For the Respondent(s): Mr. Vikrant Singh Bais, AOR Mr. Yogesh Tiwari, Adv. Ms. Neema, Adv. Mr. Varun Thakur, Adv. Ms. Shradha Sharan, Adv. Mr. Shashank R., Adv. Mr. Varinder Kumar Sharma, AOR
Important Points
IMPORTANT POINT
Settlement Agreement (NCWA) is binding on parties.
Settlement Agreement (NCWA) is binding on parties.
Subject
Civil Appeal - Compassionate Appointment
Act Referred
Headnote
Industrial Disputes Act, 1947 – Section 2(p) and 18(3) – Compassionate appointment – Single Judge, after examining effect of settlement agreement (NCWA) which is binding on parties and material on record allowed writ petition with a direction to consider candidature of respondent(dependent) for compassionate appointment in terms of settlement agreement(NCWA) under its judgment dated 21st December, 2015 that became subject matter of challenge at instance of present appellants by filing of a writ appeal before Division Bench of High Court – Division Bench, while admitting appeal, declined to grant interim relief prayed for by appellants – At the same time, directed appellants to ensure compliance of Order which was impugned before Division Bench in writ appeal – Stay is operating in instant appeal since 30th January, 2017 – It may be advisable and in interest of justice that writ appeal pending before High Court may be heard on merits. (Paras 4, 5 and 6)
Facts of the case:
Present appeal is directed against the interim order passed by the Division Bench of the High Court impugned dated 24th August, 2016, while declining to grant interim relief in pending writ appeal, appellants were directed to ensure compliance of the order impugned passed by Single Judge dated 21st December, 2015 which was a subject matter of challenge in writ appeal before Division Bench of the High Court.
Findings of Court:
Interim Order passed by this Court dated 30th January, 2017 shall continue until disposal of writ appeal pending before High Court.
Result : Appeal disposed of.
Legal Category Hierarchy
Table of Contents
2. Employer contended rejection was valid due to family's financial capacity — Respondent asserted entitlement under binding settlement agreement. (Para 3 )
3. The court found it advisable and in the interest of justice that the pending writ appeal be heard on merits by the High Court. (Para 6 )
4. Appeals against interim orders may be disposed of by relegating the parties to the lower court for a merit-based determination of the main appeal. (Para 6 )
5. Appeal disposed of with a request to the High Court to decide the writ appeal on merits; interim stay continues until disposal. (Para 8 , 9 )
6. What is the legal nature of the National Coal Wage Agreement (NCWA) regarding binding force?
The NCWA is a settlement within the meaning of Section 2(p) of the Industrial Disputes Act, 1947, and is binding under Section 18(3) of the Act. (Para 3 )
7. Can a higher court relegate a matter back to the High Court for a merit-based hearing?
Yes, the court may determine that in the interest of justice, a pending writ appeal should be heard on its merits by the High Court rather than deciding the appeal itself. (Para 6 )
8. May an interim stay granted by a higher court be maintained until the lower court decides the main appeal?
Yes, the court can order that an interim stay granted by the higher court continue to operate until the lower court disposes of the pending appeal on its merits. (Para 9 )
ORDER :
1. The present appeal is directed against the interim order passed by the Division Bench of the High Court impugned dated 24th August, 2016, while declining to grant interim relief in the pending writ appeal, appellants were directed to ensure compliance of the order impugned passed by the learned Single Judge dated 21st December, 2015 which was a subject matter of challenge in the writ appeal before the Division Bench of the High Court.
2. While issuing notice by this Court dated 30th January 2017, the operation and effect of the interim order dated 24th August, 2016 was stayed by this Court. The order dated 30th January, 2017 is reproduced hereunder :-
“Delay condoned.
Issue notice.
In the meanwhile, there shall be a stay of operation of the impugned judgment and order dated 24.08.2016 passed by the High Court of Chattisgarh, Bilaspur.
Liberty to file additional documents.”
3. The matter pertains to compassionate appointment of the respondent on account of death of his father while he was in service in the year 2007. One of the dependents submitted an application seeking compassionate appointment under the scheme, i.e., National Coal Wage Agreement(NCWA), a settlement within the meaning of Section 2(p) of the Industrial Disputes Act, 1947 which is binding under Section 18(3) of the Act. When the application filed by one of the dependents of the respondent came to be rejected by the appellant-employer on the premise that his mother was in employment and was capable to maintain her family, came to be assailed by the respondent(dependent) by filing of a writ petition before the Learned Single Judge of High Court of Chattisgarh, Bilaspur.
4. Learned Single Judge, after examining the effect of the settlement agreement (NCWA) which is binding on the parties and the material on record allowed the writ petition with a direction to consider the candidature of the respondent(dependent) for compassionate appointment in terms of the settlement agreement(NCWA) under its judgment dated 21st December, 2015 that became the subject matter of challenge at the instance of the present appellants by filing of a writ appeal before the Division Bench of the High Court.
5. It reveals from the record that at the motion stage, the Division Bench, after hearing the parties while admitting the appeal, declined to grant interim relief prayed for by the appellants. At the same time, directed the appellants to ensure compliance of the Order which was impugned before the Division Bench in writ appeal. The order passed by the Division Bench of the High Court in writ appeal dated 24th August, 2016 came to be challenged in appeal before us.
6. The stay is operating in the instant appeal since 30th January, 2017. At one stage, we were of the view to decide the appeal on merits rather to relegate the parties to get the writ appeal examined on merits by the High Court but after we have looked into the records, we are of the view that it may be advisable and in the interest of justice that the writ appeal pending before the High Court may be heard on merits.
7. We make it clear that we have not expressed any opinion on merits of the case.
8. The appeal is accordingly disposed of with a request to the High Court to dispose of the writ appeal on its own merits as expeditiously as possible.
9. The interim Order passed by this Court dated 30th January, 2017 shall continue until disposal of the writ appeal pending before the High Court.
10. Pending application(s), if any, shall stand disposed of.
ORDER :
Civil Appeal No(s). 8728 of 2018
1. The present appeal is directed against the interim order passed by the Division Bench of the High Court impugned dated 24th August, 2016, while declining to grant interim relief in the pending writ appeal, appellants were directed to ensure compliance of the order impugned passed by the learned Single Judge dated 30th November, 2015 which was a subject matter of challenge in the writ appeal before the Division Bench of the High Court.
2. Wh
