Supreme Court - Daily Orders
Kolhapur Municipal Corporation vs Mahanagarpalika Krmachari Sangh &Amp ... on 22 August, 2014
Bench: Sudhansu Jyoti Mukhopadhaya, Prafulla Chandra Pant
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.8072 OF 2014
(arising out of SLP (C)No.14813 of 2014)
KOLHAPUR MUNICIPAL CORPORATION APPELLANT
VERSUS
MAHANAGARPALIKA KARMACHARI SANGH & ANR. RESPONDENTS
WITH
PETITION FOR SPECIAL LEAVE TO APPEAL (C) No. 15359 of 2014)
O R D E R
C.A.8072/14(@SLP(C) 14813/14) Leave granted.
This appeal has been preferred by appellant-Kolhapur Municipal Corporation against the Judgment dated 21st April,2014 passed by the High Court of Judicature at Bombay in LPA No.115 of 2013. By the impugned order, the High Court dismissed the LPA and confirmed the order passed by the Single Judge of the High Court in Writ Petition No. 3141/2014.
On notice, the respondents have appeared and prayed for time.
An application now has been filed by the appelalnt enclosing the copy of the consent term of Settlement reached between the parties on 31st July, 2014. The relevant portion of which reads as Signature Not Verified under: Digitally signed by Rajni Mukhi Date: 2014.08.29 09:39:49 IST Reason: “ The Mahanagarpalika Karmachari Sangh had pressed for implementation of the judgement and order dated 20.4.2011 1 passed by the Industrial Court and in view thereof a meeting was organized between the Office Bearers of the Karmachari Sangh with the Hon'ble Commissioner, Deputy Commissioner, Assistant Commissioner and Chief Accountant of the Kolhapur Municipal Corporation on 2.6.2014, where detailed discussion took place. The Municipal Corporation explained the serious financial difficulties faced by it and detailed discussion took place in the said meeting amongst both the parties. After such discussion, both the parties mentioned hereinabove have decided to resolve the said problems faced by the Municipal Corporation by entering into an agreement under Section 2(p) read with Section 18(1) and section 19 of the Industrial Disputes Act, 1947 and Rule 62 (4)framed thereunder for permanently resolving the disputes between them and the Hon’ble Commissioner in exercise of her power under Section 481 of the Maharashtra Municipal Corporation Act, 1949 has agreed to such resolution. Accordingly, the above mentioned parties have recorded the following terms agreed between them for resolution of all the disputes. It will be binding on the parties:
(a) There are 314 employees shown in the Schedule annexed to the Complaint (ULP)No. 153 of 2004 who were working on daily wage basis. 125 employees out of the said list of 314 employees are already accommodated in the Municipal service on permanent basis. Remaining 153 employees working on daily wage basis are liable to be made permanent as per the Order dated 20.4.2011 passed by the Industrial Court, Kolhapur by granting all consequential benefits of permanency. However, the Karmachari Sangh, the representative union of the employees of the Kolhapur Municipal Corporation, have agreed to waive the difference of pay and other consequential benefits payable to the above said employees for the period from 28.6.2004 to 19.4.2011. The Respondent Union has agreed on behalf of the said employees that the effective date for grant of permanency in favour of said employees will be 20.4.2011 instead of 28.6.2004. The Mahanagarpalika Kamachari Sangh has taken this decision to waive the said benefits for the said period by passing appropriate resolution and the same shall be binding on all the employees represented by them in the proceedings before the Industrial Court in Complaint (ULP) No. 153 of 2004.
(b) The Kolhapur Municipal Corporation agrees to extend the benefit of permanency and all consequential benefits in favour of other 153 employees with effect from 20.4.2011 and the Mahanagarpalika Karmachari Sangh agrees thereto.
2(c) Those employees who were part of the Schedule of employees annexed to the Complaint (ULP) No. 153 of 2014 filed in the Industrial Court, Kolhapur but who have died on or before 19.4.2011 during the pendency of the proceedings before the Industrial Court, Kolhapur. It is agreed by the Kolhapur Municipal Corporation that one of the legal heirs of each of such deceased employees shall be accommodated in the Municipal Corporation on permanent basis subject to their eligibility. However, they will not be entitled to any benefits of arrears referred to in the above mentioned paragraphs. The Mahanagarpalika Karmachari Sangh agrees to the said condition. Names of the concerned eligible legal heir of each of such deceased employee shall be shown in the waiting list as on 19.4.2011 for appointment on compassionate ground. An action for the purpose will be taken as per the prevalent Government Resolution of the State of Maharashtra. The Mahanagarpalika Karmachari Sangh agrees to such course.
(d) The legal heirs of such employees from amongst the Schedule of employees annexed to the Complaint (ULP) No. 153 of 2004 filed in the Industrial Court, Kolhapur who have died subsequent to 20.4.2011, the date on which the Industrial Court, Kolhapur had allowed the complaint, will be entitled to get the arrears payable from 20.4.2011 till date of death of the concerned employee and the said amount shall be paid over to the concerned legal heirs.
(e) It is agreed that the action with respect to the legal heirs of the daily wage employees and the existing daily wage employees is to be taken as per the Government Resolutions issued by the State of Maharashtra.
(f) It is further agreed that the Mahanagarpalika Karmachari Sangh shall unconditionally withdraw the criminal proceedings initiated by way of Complaint (ULP)/3/2012 in the Labour Court, Kolhapur forthwith and the Kolhapur Municipal Corporation on its part shall withdraw the proceedings initiated by it by way of Criminal Revision Application No. 33 of 2012 and the Special Leave Petition (Civil) No. 15359 of 2014 in the Hon’ble Supreme Court. Both the parties above mentioned agree to withdraw the respective cases as early as possible. Both the parties also agreed to implement the terms of the present compromise in its true spirit.
(g) In case any dispute arises as to the interpretation or any other issue of the present compromise, the final decision shall be taken thereon by the Hon’ble Commissioner, Kolhapur Municipal Corporation and the President of the Mahanagarpalika Karmachari Sangh.
3(h) Present Compromise terms are to be sent to the Assistant Labour Commissioner, Kolhapur as per Rule 62 (4) of the Industrial Disputes Rules 1957 after the parties hereto sign the same and only thereafter the same is to be implemented.
(i) It is further agreed that these compromise terms duly signed by the parties shall be filed before the Hon’ble Supreme Court in the above mentioned Special Leave Petition and only after the orders are passed by the Hon’ble Supreme Court on the basis of these compromise terms, these compromise terms shall be implemented and Mahanagarpalika Karmachari Sangh is agreeable thereto.
Accordingly, the present compromise terms are signed by the parties herein below:
Date:- 31/07/2014 Place :- Kolhapur On behalf of On behalf of Kolhapur Mahanagarpalika Municipal Corporation Karamchari Sangh Sd/- Sd/-
1. (Ramesh H. Desai) (Vijayalakshmi Prasanna Bidari)” President The learned counsel for the respondents also accepts that the parties have reached the settlement as noticed above. In view of the stand taken by the parties, we set aside the order passed by the Single Judge of the High Court in W.P. No. 3141/2014 and the order dated 21st April, 2014 passed by the Division Bench of the High Court of Judicature at Bombay in LPA No. 115 of 2013 and dispose of the appeal in terms of the settlement reached between the parties.4
SLP (C) No.15359/2014) In view of the order passed in C. A. No.8072/2014 (@ SLP © No. 14813/2014, the learned counsel for the petitioner submits that nothing survives in the special leave petition. Accordingly, the special leave petition is dismissed as having become infructuous.
...........................J. [SUDHANSU JYOTI MUKHOPADHAYA] ..........................J. [PRAFULLA CHANDRA PANT] NEW DELHI;
AUGUST 22, 2014
5
ITEM NO.31 COURT NO.5 SECTION XV
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)No. 14813/2014 (Arising out of impugned final judgment and order dated 21/04/2014 in LPA No. 115/2013 passed by the High Court of Bombay) KOLHAPUR MUNICIPAL CORPORATION Petitioner(s) VERSUS MAHANAGARPALIKA KARMACHARI SANGH & ANR. Respondent(s) (with appln. (s) for exemption from filing c/c of the impugned judgment and exemption from filing O.T. and permission to place addl. documents on record and interim relief and office report) WITH SLP(C) No. 15359/2014 (With appln.(s) for exemption from filing O.T. and exemption from filing c/c of the impugned judgment and Interim Relief and Office Report) Date : 22/08/2014 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA HON'BLE MR. JUSTICE PRAFULLA CHANDRA PANT For Petitioner(s) Mr. Vinay Navane, Adv.
Mr. Satyajeet Kumar, Adv.
Mr. Keshav Ranjan, Adv.
Ms. Abha R. Sharma ,Adv.
For Respondent(s) Ms. Pragya Baghel ,Adv.
Mr. Amol Chitale, Adv.
UPON hearing the counsel the Court made the following O R D E R SLP © No. 14813/2014 Leave granted.
The appeal is disposed of in terms of the Signed order.SLP (C) No. 15359/2014
The special leave petiton is dismissed as having become infructuous.
(Rajni Mukhi) (Usha Sharma)
Sr. P.A. Court Master
(Signed Order is placed on the file)