Bombay High Court
Shakeel Ahmad Khan And Ors vs The Nuclear Power Corporation Of India , ... on 31 October, 2023
Author: G. S. Kulkarni
Bench: G. S. Kulkarni
Tauseef 03-WP.13743.2017.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.13743 OF 2017
Shakeel Ahmad Khan & Ors. ...Petitioners
Versus
The Nuclear Power Corporation of India,
Through Chairman & Managing Director & Anr. ...Respondents
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Mr. Atul Rajadhyaksha, Senior Advocate a/w. Mr. Ramesh Ramamurthy, Mr. Saikumar Ramamurthy, Ms. Seema Sorte and Mr. Karthik Pillai for the Petitioners.
Mr. Kevic Setalwad, Senior Advocate a/w. Ms. Shrishti Shetty i/by M/s. M. V. Kini & Co. for the Respondents.
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CORAM : G. S. KULKARNI,
JITENDRA JAIN, J.J.
DATE : 31st OCTOBER, 2023.
P.C.
. A coordinate bench of this Court had passed a detailed order
on 6th December 2022, whereby the Petitioners were permitted to make a representation which was to be considered by the Board of Directors of Respondent No.1 (NPCIL). Accordingly, a representation was made for taking an appropriate decision in that regard which was required to be taken.
2. Mr. Setalwad, learned senior counsel for Respondent No.1 (NPCIL) fairly states that the decision in its entirety is not on record. As to what would be expected is a holistic consideration of the issues as 1 of 3 Tauseef 03-WP.13743.2017.doc involved and in the peculiar facts and circumstances of the case considering a parity on the benefit being given to the employees and as claimed by the Petitioners. In these circumstances, while we would certainly accept the request of Mr. Setalwad to adjourn the proceedings to enable the Respondents to place on record an appropriate decision, however, we are of the opinion that any decision which would be taken, the overall interest of the employees and the parity which would be required to be considered needs to be examined and applied on the touchstone of Article 14 of the Constitution. This more particularly considering that Respondent No.1-Organisation itself is a special organisation and not a regular/ordinary employer. We are certain that an appropriate decision in accordance with law would be taken and placed on record of this Court, which can be an endeavour to bring an end to the entire dispute.
3. We are also hopeful that the Department of Atomic Energy whose control Respondent No.1 works would look into such issues and enable Respondent No.1 to take appropriate decisions.
4. Be that as it may, keeping open all contentions of the parties, to enable the Respondents to place on record such decision, we adjourn the present proceedings to 6th December 2023, High on Board.
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Tauseef 03-WP.13743.2017.doc
5. If any affidavit is intended to be filed, the same be served on or before 2nd December 2023.
[JITENDRA JAIN, J.] [G. S. KULKARNI, J.] Signed by: Tauseef Farooqui Designation: PA To Honourable Judge Date: 01/11/2023 11:14:16 3 of 3