U.P. State Road
Transport Corpn. Vs. Bhagyawati [2009] INSC 796 (17 April 2009)
Judgment
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION Special Leave Petition (c) No. 14882 of
2007 U.P. State Road Transport Corporation ...Petitioner VERSUS Bhagyawati
...Respondent ORDER
1.
This
Special Leave Petition has been filed against an interim order granted by the
High Court of Judicature at Allahabad in the following manner :- "In view
of the fact that the workman K.K. Srivastava died during he pendency of the
proceedings before the Labour Court, consequently, the effect and operation of
the Award dated 21.09.2006 shall remain stayed, provided the petitioner gives
an appointment to the widow, namely Smt. Bhagyawati, respondent No. 1 under the
dying-in-Harness Rules, 1974 within a period of six weeks from today. The
appointment given to the 1 respondent no. 1 would be subject to the result of
the writ petition."
2.
It
is this interim order which is challenged by the petitioner, U.P. State Road
Transport Corporation (in short, "Corporation") before us. While
entertaining this Special Leave Petition on 31st of August, 2007, this Court
passed the following order :- "Application for exemption from filing O.T.
is allowed.
Issue notice.
There shall be
interim stay of the impugned order until further orders."
3.
This
Special Leave Petition again came up before a Bench of this Court on 20th of
October, 2008 when the learned counsel for the petitioner had prayed for a
short adjournment to take instructions as to whether they can give appointment
to the 2 widow of the workman. Accordingly, the matter was adjourned on that
date for three weeks. Finally, the matter came up for hearing on 13th of April,
2009.
4.
Mr.
Pradeep Misra, learned counsel appearing on behalf of the petitioner, submitted
on instruction that the Corporation is willing to appoint the widow of the
deceased workman in the Corporation under the Dying-in-Harness Rules, 1974
within a period of three months from this date if the widow/respondent No.1 is
willing to forgo her claim for back wages. It appears from the record that an
affidavit was filed before the High Court by the widow/respondent No. 1 stating
that if she was given an employment, she will forgo the claim for back wages.
5.
Learned
counsel appearing on behalf of respondent No. 1/widow also submitted on
instruction before us that the stand taken by her in the High Court still
stands good and she is agreeable to forgo the claim for back wages if she is
given an employment in the Corporation.
6.
Such
being the stand taken by the parties, we therefore dispose of this Special
Leave Petition in the following manner :- (a) The Corporation shall give a
suitable employment to the widow of the deceased employee under the Dying-
in-Harness Rules, 1974 in the Corporation within three months from the date of
passing of this order, subject to the condition that the widow of the deceased
employee, who 4 is the respondent No. 1 herein, shall forgo her claim for back
wages.
(b) In view of this
order passed on settlement, the writ petition now pending before the High Court
at Allahabad is automatically disposed of.
7.
With
these directions, this Special Leave Petition is disposed of. There will be no
order as to costs.
.........................J.
[Tarun Chatterjee]
.....................
....J.
New
Delhi;
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