Supreme Court - Daily Orders
Pradeep Vinayakrao Patil vs Abhay Yuva Kalyan Kendra on 18 April, 2023
Bench: Aniruddha Bose, Sudhanshu Dhulia
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). OF 2023
(Arising from SLP(C)Nos.16618-16620/2021)
PRADEEP VINAYAKRAO PATIL & ANR. APPELLANT(S)
VERSUS
ABHAY YUVA KALYAN KENDRA & ORS. ETC. RESPONDENT(S)
O R D E R
Leave granted.
Heard learned counsel appearing for the appellants and the respondents.
The appellants were working as Lecturers in Abhay Yuva Kalyan Kendra, a college of Physical Education and they claim to have been ousted from their employment in the year 1998. There have been series of litigations in connection with their employement, which mostly went in favour of the appellants. But in this judgment, we do not consider it necessary to recount all those proceedings. So far as the present appeals are concerned, they originate from a set of proceedings before the College & University Tribunal, Aurangabad (for short ‘the Tribunal’). The respondent employer had submitted before the Tribunal that the termination letters of the appellants had been withdrawn.
We are apprised by the learned counsel for the appellants that Signature Not Verified before the Tribunal, though the respondent institute had taken a Digitally signed by NIRMALA NEGI Date: 2023.04.29 12:58:06 IST Reason: stand that the appellants’ termination order stood withdrawn and 2 the Tribunal disposed of the matters on its understanding that they would be reinstated and would be entitled to consequential benefits, in reality they were neither inducted in their employment, nor were paid any salary. The matter reached the High Court, where the appellants’ plea for compensation was accepted and compensation to the tune of Rupees Fifty lakhs each was awarded along with costs and litigation expenses of Rupees one lakh each. Mr. Vinay Navare, learned senior counsel appearing on behalf of the appellants has argued before us that such compensation is inadequate as his clients are entitled to their entire salary from the date they were ousted from their employment and if the said sum is computed, it would come in the region of Rs.2.25 crores. While we deprecate the stand of the respondents, which compelled the appellants to run through several levels of judicial fora by taking out diverse proceedings, we do not think we ought to enter into the recomputation process of compensation already directed to be paid by the Bombay High Court. We, however, dispose of these appeals with a direction upon the respondents to pay an additional sum of Rupees Two lakh fifty thousand each as costs and litigation expenses to the appellants. The said sum shall be paid within a period of eight weeks from today.
The appeals stand disposed of in the above terms. Pending application(s), if any, shall stand disposed of. 3 There shall be no order as to costs.
...................J. [ANIRUDDHA BOSE] ...................J. [SUDHANSHU DHULIA] New Delhi;
April 18, 2023.
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ITEM NO.33 COURT NO.11 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) Nos.16618-16620/2021 (Arising out of impugned final judgment and orders dated 04-05-2021 in WP No. 307/2021, WP No. 1113/2021 & WP No. 1114/2021 passed by the High Court Of Judicature At Bombay At Aurangabad) PRADEEP VINAYAKRAO PATIL & ANR. PETITIONER(S) VERSUS ABHAY YUVA KALYAN KENDRA & ORS. & ETC. RESPONDENT(S) ( IA No. 134353/2021 - EXEMPTION FROM FILING C/C OF I/JUDGMENT) Date : 18-04-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MR. JUSTICE SUDHANSHU DHULIA For Petitioner(s) Mr. Vinay Navare, Sr. Adv.
Mr. Ajay Deshpande, Adv.
Mr. Shashibhushan P. Adgaonkar, AOR Mr. Omkar Jayant Deshpande, Adv.
Mrs. Pradnya Shashibhushan Adgaonkar, Adv. For Respondent(s) Mr. Uday B. Dube, AOR Mr. Anurag Gharote, Adv.
Mr. Siddharth Dharmadhikari, Adv.
Mr. Aaditya Aniruddha Pande, AOR Mr. Bharat Bagla, Adv.
Mr. Sourav Singh, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals are disposed of in terms of the signed order, which is placed on the file.
Pending application(s), if any, shall stand disposed of.
(NIRMALA NEGI) (VIDYA NEGI)
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COURT MASTER (SH) ASSISTANT REGISTRAR