Comment on R.K. Viswanathan’s Note
BASUDEB DAS, KOLKATA
I wish to put my comment on RK Viswanathan’s note to
the Editor, Chronicle published on 07 Oct 2013:-
1. He wrote “ …From the above it is clear that the accrued benefits should not only be paid to the petitioners in the suit who contested but also to all the eligible pensioners.”
It does not hold good as Ld Supreme Court corrected its judgement by order on 17.10.2012 as follows :-
Earlier judgement : " 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 employees." (SC order dated 14-11-2011).
After correction :
B. That this Hon’ble Court was pleased to pass an order on 17.10.2012 as follows:
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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 eligibility to get retiral benefits."
So question of “all eligible pensioners” is ruled out.
2. Civil Appeals come to appellate side of Supreme court in two ways : One is for review of judgement of lower courts which takes time for years because of piling cases in the Supreme Court.
The other through SLP under Art.136 of the Constitution and the civil appeals arising out after accepting SLP are different from other civil appeals under Art. 132, 133 &134 of the Constitution. For this enclosed Supreme Handbook, *Chapter II may please be consulted before putting harsh comments of inordinate delay.
Reality will prove my contention shortly.
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Reproduced from Ch.II of SC Handbook
*(ii) Appeal by Special Leave: Article 136 of the Constitution of India, 1950 provides that the Supreme Court may in its discretion grant special leave to appeal from any judgment, decree, determination, sentence or order in any case or matter passed or made by any Court or tribunal in the territory of India except the Court or tribunal constituted by or under any law relating to armed forces."