Supreme Court - Daily Orders
The Bihar State Hydro Electric Power ... vs Yogesh Kumar Labh on 22 July, 2021
Bench: K.M. Joseph, S. Ravindra Bhat
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal No(s). 2456/2011
THE BIHAR STATE HYDRO ELECTRIC
POWER CORPORATION LTD. Appellant(s)
VERSUS
YOGESH KUMAR LABH & ORS. Respondent(s)
O R D E R
Heard Mr. Shaurya Sahay, learned counsel appearing for the appellant.
By the impugned order, the Division Bench has dismissed the appeal filed by the appellant against the judgment of the learned Single Judge, by which the learned Single Judge has allowed the writ petition filed by the respondent finding that the respondent was entitled to be absorbed as an employee of the appellant – Corporation with effect from 08.09.1987.
Learned counsel for the appellant points out that the appellant created a post of Assistant Manager (Accounts) only in 1994. He also points out that the direction, in the earlier round of litigation, was to appoint the respondent forthwith.
After having considered the facts, we are of the Signature Not Verified Digitally signed by MEENAKSHI KOHLI Date: 2021.07.26 view that there is no merit in the contentions of the 16:55:36 IST Reason: appellant.
1 Learned counsel for the appellant also points out that the appellant should not be saddled with liability to pay costs of Rs.10,000/- (Rupees ten thousand only) as has been ordered in the impugned order.
We think the impugned order requires modification only in regard to direction to pay costs provided the costs have not already been paid. Accordingly, while upholding the impugned order, we direct the direction to pay costs stands vacated provided the costs have not already been paid.
Subject to above, the appeal will stand dismissed.
Pending application, if any, stands disposed of.
…....................J. [K.M. JOSEPH] …....................J. [S. RAVINDRA BHAT] NEW DELHI;
JULY 22, 2021.
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ITEM NO.102 Court 12 (Video Conferencing) SECTION XVI
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). 2456/2011
THE BIHAR STATE HYDRO ELECTRIC
POWER CORPORATION LTD. Appellant(s)
VERSUS
YOGESH KUMAR LABH & ORS. Respondent(s)
Date : 22-07-2021 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Appellant(s) Mr. Shaurya Sahay, Adv.
for Mr. Amit Kumar, AOR For Respondent(s) Mr. Nirnimesh Dube, AOR (Not Present) UPON hearing the counsel the Court made the following O R D E R The appeal stands dismissed in terms of the signed order. Pending application, if any, stands disposed of. (MEENAKSHI KOHLI) (RENU KAPOOR) ASTT. REGISTRAR-cum-PS BRANCH OFFICER [Signed order is placed on the file] 3