Bhankra Byas Managing
Board Vs. Suresh & ANR. [2009] INSC 887 (5 May 2009)
Judgment
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.3237 OF 2009 [Arising out
of SLP)No.12837 OF 2008] Bhankra Byas Managing Board ...Appellant VERSUS Suresh
& Anr. ..Respondents
TARUN CHATTERJEE, J.
1.
Leave
granted.
2.
This
appeal is preferred against an interim order dated 3rd of April, 2008 passed by
the High Court of Punjab and Haryana at Chandigarh in Regular Second Appeal
No.2865 of 2007 whereby the High Court, while admitting the appeal preferred by
the appellant, has granted final relief to the respondent No.1 by directing the
appellant to give compassionate appointment to him. In our view, the High Court
was not justified in granting such interim order at the admission stage. It is
an admitted position that the second appeal was admitted for final disposal. A
suit was filed by the respondent No.1 for declaration that he was a legal heir
of the deceased employee of the appellant being his adopted son. The said suit,
however, was decreed and affirmed by the first appellate court against which
the appellant has filed the second appeal in the High Court which is pending.
Although a decree has been passed against the appellant, but in the interim
stage of the second appeal, the appellant could not be directed to appoint the
respondent No.1, if on the statement of the respondent No.1 he was ready to
forego the past benefit if he was taken in service. Accordingly, the interim
order granted by 2 the High Court is set aside. The High Court is directed to
decide the pending second appeal within six months from the date of supply of a
copy of this order to it.
3.
We
make it clear that we have not gone into the merits of the second appeal which
shall be decided by the High Court in accordance with law after giving proper
hearing to the parties.
4.
The
appeal is accordingly disposed of. There will be no order as to costs.
......................................J.
[TARUN CHATTERJEE]
......................................J.
New
Delhi;
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