All India Postal Employees Union vs Union Of India . on 7 May, 2015

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Supreme Court - Daily Orders

All India Postal Employees Union vs Union Of India . on 7 May, 2015

Author: Chief Justice

Bench: Chief Justice, Arun Mishra, Amitava Roy

                                                 1

                                IN THE SUPREME COURT OF INDIA
                                 CIVIL APPELLATE JURISDICTION

                                CIVIL APPEAL NO.2010 OF 2009

  ALL INDIA POSTAL EMPLOYEES’ UNION                          ..APPELLANT(S)

                                              VERSUS

  UNION OF INDIA & ORS.                                      ..RESPONDENT(S)

                                             O R D E R

1. Learned counsel for the applicant is not present. Accordingly, the application for impleadment is dismissed as not pressed.

2. This appeal is directed against the judgment and order, passed by the High Court of Delhi in Writ Petition (Civil) No.8972 of 2004, dated 06.11.2006.

3. In brief, the appellant claims that they are entitled to certain monetary benefits with effect from 01.01.1996 till 10.10.1997. In aid of the said demand/ request, the appellants had relied upon certain orders passed in cases of similarly situated staff in various other departments.

Signature Not Verified

Digitally signed by Ramana Venkata Ganti Date: 2015.05.12 15:24:24 IST Reason: 2

4. At the time of hearing of this appeal, the learned counsel for the appellant very fairly submits that if notional monetary benefits are granted for the period from 01.01.1996 to 10.10.1997, the claim of the appellants would be fully satisfied.

5. In our considered view, if the suggestion made by the learned counsel for the appellants is accepted, it will not cause any prejudice to the respondents, whatsoever, as in the given scenario, they need not have to pay any arrears of wages/salaries for the interregnum period.

6. In view of the above, while setting aside the order passed by the High Court, we now direct the respondents to give notional monetary benefit to the members of the appellant with effect from 01.01.1996 till 10.10.1997.

7. We clarify that the members of the Union will not be entitled for any arrears of wages/salaries for the interregnum period, i.e. from 01.01.1996 to 10.10.1997. 3

8. This civil appeal is disposed of in the aforesaid terms.

Ordered accordingly.

............CJI.

(H.L. DATTU) ..............J. (ARUN MISHRA) ..............J. (AMITAVA ROY) NEW DELHI;

MAY 07, 2015.

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ITEM NO.122                  COURT NO.1                SECTION XIV

                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).    2010/2009

ALL INDIA POSTAL EMPLOYEES UNION                       Appellant(s)

                                     VERSUS

UNION OF INDIA & ORS.                                  Respondent(s)

Date : 07/05/2015 This appeal was called on for hearing today. CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE AMITAVA ROY For Appellant(s) Mr. R. Sathish,Adv.

Mr.Mohan Das, K.K., Adv.

For Respondent(s) Mr.Ajay Sharma, Adv.

Mr.M.Khairati, Adv.

Mr.Abhishek Atrey, Adv.

Mr. D. S. Mahra,Adv.

Mr.Ansar Ahmed Chaudhary, Adv.(NP) UPON hearing the counsel the Court made the following O R D E R Application for impleadment is dismissed as not pressed.

The appeal is disposed of, in terms of the signed order.

(G.V.Ramana)                                (Vinod Kulvi)
  AR-cum-PS                                 Asstt.Registrar

(Signed order is placed on the file)

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