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Friday, October 19, 2012




SUPREME COURT CLARIFIES 'AMOUNT DUE TO EMPLOYEES'



 

The Supreme Court of India in its order of 17th October 2012 has issued clarifications as follows:-

"In the meanwhile, the proceedings pending before the High Court under the Contempt of Courts Act, 1971 shall remain stayed subject to the condition that within eight weeks from today, the petitioner shall deposit in the Registry of the High Court the amount due to the pensioners i.e. the writ petitioners with effect from the date of their eligibiity to get retiral benefits."

To the pensioners, it should be admitted, this is bad news.  We were under the impression that  LIC would make detailed calculations and deposit an amount running to several crores of Rupees in respect of all the retired employees. But the Court has clarified that only the amount due to the writ petitioners need be deposited.  The order of the Court is reproduced below:-

                                                        
                                                    ORDER OF THE COURT

ITEM NO.3 COURT NO.4 SECTION XV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
IA No.3 In Petition(s) for
Special Leave to Appeal (Civil) No(s).29956-29957/2011
L.I.C. Petitioner(s)
VERSUS
KRISHNA MURARI LAL ASTHANA & ORS. ETC. Respondent(s)
(With appln(s) for clarification and office report)
Date: 17/10/2012 This I.A. was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE G.S. SINGHVI
HON'BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA
For Petitioner(s) Dr.A.M.Singhvi, Sr.Adv.
Mr.Parag P.Tripathy, Sr.Adv.
Mr. Ashok Panigrahi, Adv.
Mr.Surajit Bhaduri, Adv.
For Respondent(s)/ Mr.Amarendra Sharan, Sr.Adv.
Applicant Mr.R.K.Singh, Adv.
Mr.Kumar Gaurav, Adv.
Mr. Rameshwar Prasad Goyal, Adv.
Mr.Aakash D.Pratap, Adv.
Ms.Vimla Sinha, Adv.
Ms.Sushma Suri, A.O.R.
UPON hearing counsel the Court made the following
O R D E R
I.A.No.3 of 2012 In SLP(C) No.29957 of 2011
This is an application by the respondent for clarification of order dated 14.11.2011.
We have heard Shri Amarendra Sharan, learned senior counsel for the applicant and Dr.A.M.Singhvi, learned senior counsel for the SLP-petitioner and are satisfied that order dated 14.11.2011 needs to be clarified so that neither party may remain under a mistaken impression about the purport of this Court's order.
In view of the above, paragraph 3 of order dated 14.11.2011 is substituted with the following:
"In the meanwhile, the proceedings pending before the High Court under the Contempt of Courts Act, 1971 shall remain stayed subject to the condition that within eight weeks from today, the petitioner shall deposit in the Registry of the High Court the amount due to the pensioners i.e. the writ petitioners with effect from the date of their eligibiity to get retiral benefits."
I.A. No.3 of 2012 is disposed of in the manner indicated above.
As a sequel to disposal of I.A.No.3 of 2012, I.A.No.4 of 2012
in I.A.No.3 of 2012 in SLP(C)No.29957 of 2011 is also disposed of.
(Satish K.Yadav) (Phoolan Wati Arora)
Court Master Court Master