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The Rajasthan State Industrial ... vs The Rajasthan State Industrial ... on 16 November, 2017

Bench: Arun Mishra, Mohan M. Shantanagoudar

                                                                                              1

                                         IN THE SUPREME COURT OF INDIA

                                         CIVIL APPELLATE JURISDICTION

                                         CIVIL APPEAL NO.7424 OF 2010



                         THE RAJASTHAN STATE INDUSTRIAL
                         DEVELOPMENT AND INVESTMENT CORPORATION              APPELLANT(S)

                                                      VERSUS

                         THE RAJASTHAN STATE INDUSTRIAL
                         DEVELOPMENT AND INVESTMENT
                         CORPORATION (RIICO) EMPLOYEES FEDERATION            RESPONDENT(S)


                                                      WITH


                                         CIVIL APPEAL NO.7425 OF 2010


                                                  O R D E R

Heard learned counsel for the parties.

The High Court has not taken into account Articles of Association and has taken into consideration Section 39 of the Rajasthan Financial Act, 1951 which is not applicable and basing upon that impugned judgment has been passed.

We, accordingly, set aside the order passed by the Division Bench of the High Court and remit the case back to Division Bench of the High Court to decide the matter afresh. The High Court shall also ask the parties to Signature Not Verified Digitally signed by ASHWANI KUMAR arrive at a consensus if possible in the changed Date: 2017.11.21 10:26:11 IST Reason: circumstances.

All questions are kept open to be agitated by the parties.

The appeals are allowed to the aforesaid extent.

.......................J. (ARUN MISHRA) .......................J. (MOHAN M.SHANTANAGOUDAR) NEW DELHI, NOVEMBER 16, 2017.

ITEM NO.103 COURT NO.10 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s).7424/2010 THE RAJASTHAN STATE INDUSTRIAL DEVELOPMENT AND INVESTMENT CORPORATION Appellant(s) VERSUS THE RAJASTHAN STATE INDUSTRIAL DEVELOPMENT AND INVESTMENT CORPORATION (RIICO) EMPLOYEES FEDERATION Respondent(s) WITH C.A.No.7425/2010 (XV) Date : 16-11-2017 These appeals were called on for hearing today. CORAM :

HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR For Appellant(s) Mr.Irshad Ahmad, AOR Mr.Aruneshwar Gupta, AOR For Respondent(s) Mr.K.V.Vishwanathan, Sr.Adv. Mr.Puneet Jain, Adv.

Ms.Christi Jain, Adv. Mr.Abhinav Gupta, Adv. Mr.Ravi Raghunath, Adv. Ms.Priyal Jain, Adv.

Ms.Pratibha Jain, AOR Mr.Sarad Kumar Singhania, AOR Mr.Nikhil Jain, AOR UPON hearing the counsel the Court made the following O R D E R The civil appeals are allowed in terms of the signed order.

(Ashok Raj Singh) (Jagdish Chander) Court Master Court Master (Signed Order is placed in the file)