Supreme Court - Daily Orders
Mukesh Kumar vs R. K. Mahajan on 5 October, 2018
Bench: Kurian Joseph, A.M. Khanwilkar
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IN THE SUPREME COURT OF INDIA
INHERENT JURISDICTION
CONTEMPT PETITION (C) NO. 1285 OF 2018
IN
CIVIL APPEAL NO. 1868 OF 2018
MUKESH KUMAR & ORS. Petitioner(s)
VERSUS
R. K. MAHAJAN & ORS. Respondent(s)
O R D E R
Having heard Mr. Salman Khurshid, learned senior counsel appearing for the petitioners and Mr.M. Shoeb Alam and Mr. Shivam Singh, learned counsel appearing for the respondents, it is fairly clear that there is no contumacious conduct on the part of the respondents. Therefore, it is not a case of any action for contempt of court.
But the matter does not end here. The ten petitioners, who have worked for around 23 years, are still not absorbed.
Having heard the learned counsel appearing for the respondents and having gone through the available records, we are of the view that in the peculiar facts and circumstances of this case, a direction Signature Not Verified should be issued in exercise of our jurisdiction Digitally signed by JAYANT KUMAR ARORA Date: 2018.10.12 16:43:45 IST Reason: under Article 142 of the Constitution of India, reiterating the observations made in our order dated 2 13.02.2018. Accordingly, without making it a precedent, we direct the respondents to absorb the ten petitioners and give a quietus to the decade-long litigation between the parties. Since this direction for absorption is made in the peculiar facts of this case, there shall be no claim with regard to seniority or backwages. However, steps for absorption shall be taken on or before 01.11.2018 positively. In view of the above, the contempt petition is dismissed.
.......................J. [ KURIAN JOSEPH ] .......................J. [ A.M. KHANWILKAR ] New Delhi;
OCTOBER 05, 2018.
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ITEM NO.42 COURT NO.3 SECTION XVI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CONMT.PET.(C) No. 1285/2018 in C.A. No. 1868/2018 MUKESH KUMAR & ORS. Petitioner(s) VERSUS R. K. MAHAJAN & ORS. Respondent(s) Date : 05-10-2018 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE A.M. KHANWILKAR For Petitioner(s) Mr. Salman Khurshid, Sr. Adv.
Mr. Maniesh Kumar Choudhary, Adv. Mr. Ashutosh Kumar, Adv.
Ms. Namita Choudhary, AOR Mr. Bhasskar Mishrra, Adv.
For Respondent(s) Mr. M. Shoeb Alam, AOR Mr. Ujjawal Singh, Adv.
Mr. Mojahid Karim Khan, Adv.
Mr. Shivam Singh, Adv.
Mr. Manish Kumar, Adv.
Mr. Gopal Singh, AOR UPON hearing the counsel the Court made the following O R D E R The contempt petition is dismissed in terms of the signed order.
Pending interlocutory application(s), if any, is/are disposed of.
(JAYANT KUMAR ARORA) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR (Signed order is placed on the file)