Madhya Pradesh High Court
All India Council For Technical ... vs Union Of India on 17 February, 2023
Author: Sheel Nagu
Bench: Sheel Nagu
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
WP No. 15995 of 2019
(ALL INDIA COUNCIL FOR TECHNICAL EDUCATION Vs UNION OF INDIA AND OTHERS)
Dated : 17-02-2023
Shri Ashok Chourasiya - Advocate for petitioner.
Shri N.R. Bhavsar - Advocate for respondent No.2.
Shri S.K. Mishra - Advocate for respondent No.5. Shri Piyush Jain - Government Advocate for respondent/State.
This Court while entertaining this petition way back on 27.08.2019 had passed following order:
"Issue notices to the respondents on payment of process fee within seven days. Notices be made returnable on the question of interim relief in the next month.
Subject to hearing the other side, as an interim measure, it is directed that no coercive action be taken against the petitioner for not paying arrears of salary arising out of impugned order of the Tribunal. So far direction of Tribunal relating to redeployment is concerned, Shri Amit Khatri submits that said direction shall be implemented."
The said interim order of restraining other side from taking any coercive steps against the employer was subject to employer/petitioner complying with the direction qua redeployment/absorption into the present Institute or Institutes of MHRD or AICTE is implemented.
Learned counsel for respondent No.2, 3 and 4 contends that redeployment/absorption has not taken place till date.
Learned counsel for employer/petitioners is unable to make any submission in this regard.
Once an interim order was passed on 27.09.2019 subject to certain Signature Not Verified Signed by: YOGESH KUMAR SHIRVASTAVA Signing time: 2/20/2023 6:57:30 PM 2 condition is passed, it becomes the bounded duty of the employer/petitioners to bring on record by way of an Affidavit that the condition subject to which the interim order was made, has been complied with.
Not having done so for more than three years, it is obvious that the condition has not been complied with and therefore, the interim order passed on 27.09.2019 stands vacated.
List for final hearing in the month of April, 2023.
(SHEEL NAGU) (VIRENDER SINGH)
JUDGE JUDGE
YS
Signature Not Verified
Signed by: YOGESH KUMAR
SHIRVASTAVA
Signing time: 2/20/2023
6:57:30 PM