Majithia Case : Order of SC dated 14th March 2016

Dated: 14/03/2014

ITEM NO.2+50 COURT NO.7 SECTION X

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

CONTEMPT PETITON(C) No.411/2014 In WRIT PETITION(C) No.246/2011

AVISHEK RAJA & ORS. Petitioner(s)

VERSUS

SANJAY GUPTA Respondent(s)

(with appln. (s) for exemption from filing O.T., impleadment seeking permission to bring additional facts and office report)

WITH

CONTEMPT PETITION (C) NO.33/2015 IN WRIT PETITION (C) NO.246/2011

(With appln.(s) for permission to place addl. documents on record

and Office Report)  Date : 14/03/2016 These petitions were called on for hearing today.

CORAM :

HON’BLE MR. JUSTICE RANJAN GOGOI

HON’BLE MR. JUSTICE PRAFULLA C. PANT

UPON hearing the counsel the Court made the following

O R D E R

All these cases will now be heard finally on 19th July, 2016. Registry is directed to list the cases on the top of the list on the said date. The reports submitted on behalf of the States of Meghalaya, Himachal Pradesh and the Union Territory of Puducherry are taken on record and we have perused the same. Insofar as the States and Union Territories in respect of which reports have been filed and compliance of the order of this Court is partial, we make it clear that all concerned establishments which are yet to comply with the order of the Court would do so on or before the date fixed i.e. 19th July, 2016.

So far as the States of Uttar Pradesh(partial), Uttarakhand, Odisha, West Bengal, Telangana, Andhra Pradesh, Karnataka, Tamil Nadu, Kerala, Goa and Assam are concerned, we direct that the reports in terms of this Court’s Order dated 28th April, 2015 be filed on or before the 5th July, 2016, failing which the Chief Secretaries of the States will appear in-person on 19th July, 2016. Objections, if any, to such reports as may be filed shall be brought on record on or before 12th July, 2016.

We have also taken note of the various interlocutory applications that have been filed alleging wrongful termination of services and fraudulent surrender of the rights under the Wage Board recommendations to avoid liabilities in terms of the order of the Court. As such complaints received till date are substantial in number, this Court is not in a position to individually examine each case. We, therefore, direct the Labour Commissioner of each of the States to look into all such grievances and on determination of the same file necessary reports before the Court which will also be so filed on or before 12th July, 2016. We grant liberty to each of the individual employees who have filed the interlocutory applications and also such employees who are yet to approach this Court but have a grievance of the kind indicated above to move the Labour Commissioner of the State concerned in terms of the present order.

(Neetu Khajuria)
Sr.P.A.

(Asha Soni)
Court Master


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