SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1999 Supreme(Ker) 389

ARIJIT PASAYAT, K.S.RADHAKRISHNAN
Union of India – Appellant
Versus
Kumaran – Respondent


Judgment :-

Arijit Pasayat, C.J.

Challenge in these petitions is to the legality of a common judgment passed by Central Administrative Tribunal, Ernakulam Bench (in short 'Tribunal'). Applicants before Tribunal were store staff attached with the Naval Base, Cochin and were broadly classified as Civilian Employees in the Navy. Following an earlier decision rendered in OA K-58/88 holding that an employee belong to the category of non-industrial workman, should be entitled to over-time allowance in the event of being made to work for more than the prescribed period of forty hours a week, allowed the applications.

2. Challenged in these applications is that earlier decision had not properly dealt with the issue.

3. It is fairly accepted by learned counsel for petitioners that earlier decisions of Tribunal dealing with identical issue were not interfered with by Apex Court It is submitted that dismissal of Special Leave Petition (in short 'SLP') is not disposal on meats.

4. It is a well settled principle of law that when an SLP is summarily dismissed under Art 136 of the Constitution of India, 1950 (in short 'Constitution'), by such dismissal Apex Court does not lay down any law, as envisag


Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top