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Supreme Court - Daily Orders

Ashok Kumar Gupta vs Union Of India . on 11 March, 2014

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ITEM NO.9                 COURT NO.13             SECTION XVI


              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 (Civil) No(s).1222/2009

(From the judgement and order dated 04/08/2008 in WP No.11433/2001,MAT
No.1164/2002,FMA No.602/2004 of The HIGH COURT OF CALCUTTA)

ASHOK KUMAR GUPTA & ORS.                             Petitioner(s)
                 VERSUS
UNION OF INDIA & ORS.                                Respondent(s)

(With office report)
(For final disposal)

Date: 11/03/2014    This Petition was called on for hearing today.

CORAM :
          HON’BLE MR. JUSTICE JAGDISH SINGH KHEHAR
          HON’BLE MR. JUSTICE M.Y. EQBAL

For Petitioner(s)         Mr.Rajesh Srivastava, Adv.
                          Ms.Anindita Gupta, Adv.
                       Mr. Rameshwar Prasad Goyal, Adv.

For Respondent(s)         Mr.Debal Banerjee, Sr.Adv.
                          Mr.C.Mukund, Adv.
                          Mr.Ashok Jain, Adv.
                          Mr.Pankaj Jain, Adv.
                       Mr. Bijoy Kumar Jain, Adv.

                          Mr.Rakesh Kumar Khanna, ASG
                          Mr.A.Deb Kumar, Adv.
                          Mr.V.Senthil Kumar, Adv.
                       Mr. D.S. Mahra, Adv.

                       Mr. Somnath Mukherjee, Adv.

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

Learned counsel for the petitioners has invited our attention to the D.O. dated 29.1.1999 indicating that on the revival of the resource generation capacity of the Jessop & Co., the arrears would be paid with effect from 01.01.1992, failing which the benefit under the revised pay scales would be available to employees with effect from 29.01.1999 i.e. prospectively.

Learned counsel for the respondents is directed to file an affidavit in this Court depicting whether or not the arrears to other employees of the Company consequent upon the pay revision were paid with effect from 01.01.1992. Additionally, the affidavit may also confirm or deny the factual averment contained in paragraph 7 of the order dated 29.03.2001 passed by the BIFR.

List the case after four weeks.

The affidavit be positively filed in the meantime.

 (Satish K.Yadav)                                    (Phoolan Wati Arora)
   Court Master                                  Assistant Registrar