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Supreme Court - Daily Orders

Mithilesh Kumar Singh vs Union Of India on 6 December, 2019

Bench: Sanjay Kishan Kaul, K.M. Joseph

     ITEM NO.50+18                    COURT NO.11                SECTION X

                         S U P R E M E C O U R T O F     I N D I A
                                 RECORD OF PROCEEDINGS

     Item No.50:
     Writ Petition(s)(Civil)      No(s).    1388/2018

     MITHILESH KUMAR SINGH & ORS.                             Petitioner(s)

                                           VERSUS

     UNION OF INDIA & ORS.                                    Respondent(s)

     (IA No. 14746/2019 - APPROPRIATE ORDERS/DIRECTIONS
     IA No. 24585/2019 - APPROPRIATE ORDERS/DIRECTIONS
     IA No. 24581/2019 - INTERVENTION/IMPLEADMENT
     IA No. 183142/2019 - INTERVENTION/IMPLEADMENT
     IA No. 94037/2019 - INTERVENTION/IMPLEADMENT
     IA No. 29627/2019 - INTERVENTION/IMPLEADMENT
     IA No. 182525/2018 - PERMISSION TO FILE ADDITIONAL
     DOCUMENTS/FACTS/ANNEXURES)

     WITH W.P.(C) No. 1423/2018
     ([ ALONGWITH PAPER BOOK OF WRIT PETITION CIVIL NO. 52 OF 2016]FOR
     PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA
     182522/2018
     IA No. 182522/2018 - PERMISSION TO FILE ADDITIONAL
     DOCUMENTS/FACTS/ANNEXURES)

     W.P.(C) No. 49/2019
     (IA No. 8363/2019 - EXEMPTION FROM FILING O.T.)

     W.P.(C) No. 1192/2019
     (IA No. 78809/2019 - EXEMPTION FROM FILING O.T.)

     W.P.(C) No. 939/2019
     (IA No. 108635/2019 - APPROPRIATE ORDERS/DIRECTIONS
     IA No. 108638/2019 - EXEMPTION FROM FILING O.T.)

     W.P.(C) No. 1235/2019

     W.P.(C) No. 1306/2019

     W.P.(C) No. 1360/2019 (FOR ADMISSION)

     W.P.(C) No. 1350/2019 (FOR ADMISSION)

     With
Signature Not Verified


     Item No.18:
Digitally signed by
ANITA MALHOTRA
Date: 2019.12.09
     Writ Petition(s)(Civil)
17:53:19 IST
Reason:                           No(s).    1385/2019 (FOR ADMISSION )

     Date : 06-12-2019 These matters were called on for hearing today.

                                            1
CORAM :
          HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
          HON'BLE MR. JUSTICE K.M. JOSEPH

For Petitioner(s)   Ms.   V.Mohana,Sr.Adv.
                    Ms.   Deeplaxmi S.Matwankar,Adv.
                    Mr.   Satyajeet Kumar, AOR
                    Ms.   Ankita Sharma,Adv.
                    Mr.   Prashant Shukla,Adv.
                    Mr.   Anurag Tripathi,Adv.
                    Mr.   Madhumay Misra,Adv.

                    Ms. Chandan Ramamurthi, AOR
                    Mr. Radha Kant Tripathy,Adv.
                    Mr. Sant Dharam Veer Chotivala,Adv.

                    Mr.   V. K.   Biju, AOR
                    Ms.   Divya   Sukula,Adv.
                    Mr.   Shaji   George,Adv.
                    Mr.   Abhay   Pratap Singh,Adv.

                    Mr. Anilendra Pandey, AOR
                    Mr. Manoj Kumar,Adv.
                    Ms. Suchita Dixit,Adv.

                    Mr. Vivek Gupta, AOR
                    Mr. Mrinmay Bhattmewara,Adv.
                    Mr. Pankaj Raj,Adv.

                    Mr.   Dinesh K.Garg,Adv.
                    Mr.   Abhishek Garg,Adv.
                    Mr.   Dhananjay Garg,Adv.
                    Mr.   Chanakya Gupta,Adv.
                    Mr.   P. V. Yogeswaran, AOR
                    Dr.   Vivek Sharma,Adv.

For Respondent(s)   Ms.   Madhavi Diwan,ASG
                    Mr.   V.V.V.Pattabhi Ram,Adv.
                    Mr.   Akshay Amritanshu,Adv.
                    Mr.   Raj Bahadur Yadav, AOR
                    Ms.   Vaishali Verma,Adv.

                    Mrs. Anil Katiyar, AOR

                    Mr. Ravindra Sadanand Chingale, AOR

                    Ms. Deeplaxmi Subhash Matwankar , AOR

                    Mr. Rakesh Uttamchandra Upadhyay, AOR




                                     2
        UPON hearing the counsel the Court made the following
                           O R D E R

Writ Petition (Civil)Nos.1388/2018, 1423/2018, 49/2019, 1192/2019, 1235/2019, 1360/2019 and 1350/2019 Applications for impleadment/intervention are allowed.

On hearing learned counsel for the parties, we are of the view that these petitions are liable to be disposed of in terms of order passed on 28th November, 2018 in Writ Petition (Civil)No.52 of 2016. The paragraph 10 of that order is modified to the extent that the time period specified therein of six weeks is extended to three months from today.

We may take note of the submission of the learned Additional Solicitor General appearing for the respondent-Union of India that there has been privatization of number of services and there may not be vacancies.

We however make it clear that we are not giving our imprimatur to this submission.

We are informed that the concerned officer is Deputy Chief Labour Commissioner (Central), Dehradun, I/C Kanpur.

The writ petitions are disposed of in view aforesaid along with pending applications.

Writ Petition(Civil)No.1385/2019 Learned senior counsel for the petitioners contends that this petition is liable to be disposed of in terms 3 of orders passed in Writ Petition (Civil)No.52 of 2016 dated 28th November, 2018.

Issue notice.

Learned counsel for the respondent-Union of India accepts notice and seeks some time to examine the issue.

List on 7th January, 2020.

Writ Petition (Civil)No.939/2019 Learned counsel for the petitioners contends by referring to page 59 of the paper book that in the present case advisory has already been issued and thus this matter may be de-tagged from this batch of matters.

Complete set of paper book be supplied to the learned counsel for the respondent within three days.

Counter affidavit be filed within four weeks. Rejoinder affidavit be filed within two weeks thereafter.

List thereafter.

Writ Petition (Civil)No.1306/2019 Notice was issued on the basis that this matter has to be tagged with Writ Petition (Civil)No.1388/2018 but now it is stated that this writ petition is not to be tagged with that matter.

The order of issuance of notice is recalled. List for admission in the re-opening week in January, 2020.


(ANITA MALHOTRA)                                            (ANITA RANI AHUJA)
  COURT MASTER                                                 COURT MASTER




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