Supreme Court - Daily Orders
National Textile Corporation Ltd (Wr) vs Priyanka Pradeep Chavan on 3 December, 2021
Bench: M.R. Shah, B.V. Nagarathna
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7393 OF 2021
(Arising out of SLP (C) No. 18009 of 2021)
NATIONAL TEXTILE CORPORATION LIMITED (WR) Appellant(s)
VERSUS
PRIYANKA PRADEEP CHAVAN Respondent(s)
O R D E R
Leave granted.
1. We have heard Ms. Aishwarya Bhati, learned ASG appearing for the appellant and Mr. Pravin Satale, learned counsel appearing for the respondent at length.
2. Feeling aggrieved and dissatisfied with the impugned interim order dated 10.06.2021 passed by the High Court of Judicature at Bombay in W.P. (L) No. 12278/2021 by which the High Court has restrained the appellant from retiring the respondent-herein – original Petitioner till 63 years of age, if she continues to be efficient or till final disposal of the Writ Petition, whichever is earlier, National Textile Corporation Limited has preferred the present Appeal.
3. At the outset, it is required to be noted that the relief, which is granted by the High Court at the stage of interim stage is, as such, the final relief which can be granted in the main Writ Signature Not Verified Digitally signed by R Petition.
NatarajanDate: 2021.12.07 17:09:55 IST
Therefore, the High Court ought not to have granted such Reason: a relief at the interim stage which, as such, is the final relief which can be granted at the most in the main Writ Petition. 2
4. On the other hand, if the original writ petitioner succeeds in the Writ Petition and it is held that she was required to be retired at the age of 63 years, in that case she can be compensated by way of back-wages. However, if such an interim relief is continued and the original writ petition is dismissed then there will be multiplicity of proceedings and complications and the question with respect to recovery may arise. Therefore, as such, the High Court ought not to have passed such an interim relief which, as such, is the final relief which can be granted as the main relief.
5. In view of the above and for the reasons stated above, the present Appeal succeeds. The impugned interim order passed by the High Court restraining the appellant from retiring the respondent till 63 years of age if she continues to be efficient or till final disposal of Writ Petition, whichever is earlier, is hereby quashed and set aside. We request the High Court to finally decide and dispose of the main Writ Petition at the earliest. The present Appeal is, accordingly, allowed. There shall be no order as to costs.
.......................... J.
(M.R. SHAH) .......................... J.
(B.V. NAGARATHNA) New Delhi;
December 03, 2021.
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ITEM NO.39 Court 13 (Video Conferencing) SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 18009/2021
(Arising out of impugned final judgment and order dated 10-06-2021 in WPL No. 12278/2021 passed by the High Court Of Judicature At Bombay) NATIONAL TEXTILE CORPORATION LIMITED (WR) Petitioner(s) VERSUS PRIYANKA PRADEEP CHAVAN Respondent(s) (FOR ADMISSION and I.R. and IA No.142271/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.142270/2021-EXEMPTION FROM FILING O.T.) Date : 03-12-2021 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MRS. JUSTICE B.V. NAGARATHNA For Petitioner(s) Ms. Aishwarya Bhati, ASG Mr. Ajit Pudussery, AOR For Respondent(s) Mr. Pravin Satale, Adv.
Mr. Rajiv Shankar Dvivedi, AOR Mr. Sushant Kr. Sarkar, Adv.
Mr. Rishabh Jain, Adv.
Ms. Arti Dvivedi, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The present Appeal is allowed in terms of the signed order. Pending applications, if any, stand disposed of.
(R. NATARAJAN) (NISHA TRIPATHI)
ASTT. REGISTRAR-cum-PS BRANCH OFFICER
(Signed order is placed on the file)