Supreme Court - Daily Orders
Hindustan Aeronautics Ltd. vs Brindaban . on 12 July, 2023
Bench: Hima Kohli, Rajesh Bindal
Civil Appeal Nos. 2463-2464/2011
REVISED
ITEM NO.103 COURT NO.14 SECTION III-A
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). 2463-2464/2011
HINDUSTAN AERONAUTICS LTD. Appellant(s)
VERSUS
BRINDABAN . & ANR. Respondent(s)
WITH
C.A. No. 2468/2011 (III-A)
Date : 12-07-2023 These appeals were called on for hearing today.
CORAM :
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MR. JUSTICE RAJESH BINDAL
For Appellant(s) Ms. Reshmi Rea Sinha, Adv.
Mr. Parijat Sinha, AOR
Ms. Pallak Bhagat, Adv.
Ms. Asha Gopalan Nair, AOR
For Respondent(s) Mr. S.R. Singh, Sr. Adv.
Ms. Asha Gopalan Nair, AOR
Ms. Nivedita Nair, Adv.
Mr. Sushant Kumar Yadav, Adv.
Mr. Ajay Yadav, Adv.
Mr. Gaurav Lomes, Adv.
Ms. Aishwarya Singh, Adv.
Mr. Parijat Sinha, AOR
UPON hearing the counsel the court made the following
O R D E R
1. On the last date of hearing, learned counsel Signature Not Verified for the appellant in Civil Appeals No.2463-2464 of Digitally signed by GEETA AHUJA Date: 2023.07.21 10:02:34 IST Reason: 2011 was granted time to obtain instructions as regards the registration number of the amendment 1 Civil Appeal Nos. 2463-2464/2011 application sought to be relied on by her (Annexure P-12).
2. The above-said direction was issued in the light of the fact that as per the averments made in the application for amendment stated to have been moved before the High Court, the appellant had sought to assail the order passed by the learned Labour Court on the ground that the reference in the instant case was made by the State Government under Section 4K of the U.P. Industrial Disputes Act and that the said reference was without jurisdiction as the Central Government is the appropriate Government for making such a reference.
3. On enquiring from learned counsel for the appellant as to whether she has received instructions as to the registration number of the said amendment application and whether the said application was allowed by the High Court and if so on which date, learned counsel is not in a position to assist us as the information has not been received at her end from the appellant.
4. Having regard to the fact that the matter relates to a charge sheet issued to the respondent No.1 as long back as in the year 1980, we have enquired, if a quietus could be put to the present litigation, considering the request made by learned 2 Civil Appeal Nos. 2463-2464/2011 counsel for the respondent that his client is by now 80 years old and is willing to accept a reasonable compensation.
5. Learned counsel for the appellant shall ensure that an officer competent to assist this Court and ready with the facts of the case and necessary instructions remains present on the next date of hearing.
6. List on 19th July, 2023.
(Geeta Ahuja) (Nand Kishor)
Assistant Registrar-cum-PS Court Master (NSH)
3
Civil Appeal Nos. 2463-2464/2011 ITEM NO.103 COURT NO.14 SECTION III-A 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). 2463-2464/2011 HINDUSTAN AERONAUTICS LTD. Appellant(s) VERSUS BRINDABAN . & ANR. Respondent(s) WITH C.A. No. 2468/2011 (III-A) Date : 12-07-2023 These appeals were called on for hearing today. CORAM :
HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE RAJESH BINDAL For Appellant(s) Ms. Reshmi Rea Sinha, Adv.
Mr. Parijat Sinha, AOR Ms. Pallak Bhagat, Adv.
Mr. S.R. Singh, Sr. Adv.
Ms. Asha Gopalan Nair, AOR Ms. Nivedita Nair, Adv.
Mr. Sushant Kumar Yadav, Adv.
Mr. Ajay Yadav, Adv.
Mr. Gaurav Lomes, Adv.
Ms. Aishwarya Singh, Adv.
For Respondent(s) Mr. S.R. Singh, Sr. Adv.
Ms. Asha Gopalan Nair, AOR Ms. Nivedita Nair, Adv.
Mr. Sushant Kumar Yadav, Adv.
Mr. Ajay Yadav, Adv.
Mr. Gaurav Lomes, Adv.
Ms. Aishwarya Singh, Adv.
Mr. Parijat Sinha, AOR UPON hearing the counsel the court made the following O R D E R
1. On the last date of hearing, learned counsel 4 Civil Appeal Nos. 2463-2464/2011 for the appellant in Civil Appeals No.2463-2464 of 2011 was granted time to obtain instructions as regards the registration number of the amendment application sought to be relied on by her (Annexure P-12).
2. The above-said direction was issued in the light of the fact that as per the averments made in the application for amendment stated to have been moved before the High Court, the appellant had sought to assail the order passed by the learned Labour Court on the ground that the reference in the instant case was made by the State Government under Section 4K of the U.P. Industrial Disputes Act and that the said reference was without jurisdiction as the Central Government is the appropriate Government for making such a reference.
2. On enquiring from learned counsel for the appellant as to whether she has received instructions as to the registration number of the said amendment application and whether the said application was allowed by the High Court and if so on which date, learned counsel is not in a position to assist us as the information has not been received at her end from the appellant.
3. Having regard to the fact that the matter relates to a charge sheet issued to the respondent 5 Civil Appeal Nos. 2463-2464/2011 No.1 as long back as in the year 1980, we have enquired, if a quietus could be put to the present litigation, considering the request made by learned counsel for the respondent that his client is by now 80 years old and is willing to accept a reasonable compensation.
4. Learned counsel for the appellant shall ensure that an officer competent to assist this Court and ready with the facts of the case and necessary instructions remains present on the next date of hearing.
5. List on 19th July, 2023.
(Geeta Ahuja) (Nand Kishor)
Assistant Registrar-cum-PS Court Master (NSH)
6