Supreme Court - Daily Orders
U.P. Junior High School Council ... vs The State Of Uttar Pradesh on 1 May, 2023
Bench: V. Ramasubramanian, Pankaj Mithal
Diary No(s). 14111/2023
ITEM NO.55 COURT NO.14 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 14111/2023
(Arising out of impugned final judgment and order dated 02-12-2022
in SAD No. 660/2020 passed by the High Court Of Judicature At
Allahabad)
U.P. JUNIOR HIGH SCHOOL COUNCIL
INSTRUCTOR WELFARE ASSOCIATION PETITIONER(S)
VERSUS
THE STATE OF UTTAR PRADESH & ORS. RESPONDENT(S)
(FOR ADMISSION and I.R. and IA No.87010/2023-CONDONATION OF DELAY
IN FILING and IA No.87013/2023-EXEMPTION FROM FILING O.T. and IA
No.87007/2023-PERMISSION TO FILE PETITION (SLP/TP/WP/..) and IA
No.87021/2023-DELETING THE NAME OF PETITIONER/RESPONDENT )
Date : 01-05-2023 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN
HON'BLE MR. JUSTICE PANKAJ MITHAL
For Petitioner(s)
Mr. P. S. Patwalia, Sr. Adv.
Mr. R. K. Singh, Adv.
Mrs. Neeraj Singh, Adv.
Mr. Tom Joseph, AOR
Mr. Kumar Gaurav, Adv.
Mr. Ajay Chaudhary, Adv.
Mr. Aman Rastogi, Adv.
Mr. Praveen Pathak, Adv.
For Respondent(s)
Ms. K. R. Chitra, AOR
Signature Not Verified
Digitally signed by
POOJA SHARMA
Date: 2023.05.02
17:30:20 IST
Reason:
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Diary No(s). 14111/2023
UPON hearing the counsel the Court made the following
O R D E R
Permission to file Special Leave petition is granted. Delay condoned.
IA No.87021/2023 seeking deletion of proforma respondent nos.4 and 5 is allowed.
Though the nomenclature given to the members of the petitioner association is ‘Part time Instructor’, it is the positive case of the petitioners that the members work whole time. Our attention is drawn to the sample service contract entered into with one of the members on 01.07.2014. This service contract contains a clause that the employee will not directly or indirectly engage in any other whole time or part time profession or business or enter into the service of any other employer. Since, the nomenclature given to the petitioners strikes at the root of the clauses contained in the service contract, issue notice, returnable in four weeks.
(POOJA SHARMA) (RENU BALA GAMBHIR)
COURT MASTER (SH) COURT MASTER (NSH)
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