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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.6316 OF 2021
(@ SLP(C) No.12724/2021)
PRATHAMA U.P GRAMIN BANK & ANR. Petitioner(s)
VERSUS
SUNEEL KUMAR Respondent(s)
O R D E R
Leave granted.
The challenge in the present appeal is to an order passed by
the High Court of Judicature at Allahabad on 02.08.2021 whereby the
High Court has summoned the Charmain of the appellant-Bank to
apprise him the manner in which the officers of the Bank are
working. The Court also directed the Regional Manager of the Bank
to appear in person and to file affidavit stating the number of
staffs working in the Bank as Daily Wager.
The respondent raised industrial dispute regarding termination
of his services in violation of provision of Section 25F of the
Industrial Disputes Act, 1947 (in short, the Act). The reference
was answered in favour of the workman on 07.12.2006. The writ
Signature Not Verified
petition against the said award was dismissed on 13.02.2018. The
Digitally signed by R
Natarajan
Date: 2021.10.18
16:32:20 IST
Reason:
workman was reinstated during the pendency of the writ petition
before the High Court but after the decision of the writ petition,
LL 2021 SC 575
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the services of the workman were terminated on 03.10.2019. Such
termination of order is subject matter of challenge before the High
Court in Writ-A No.8862/2021.
We find that there is no reason for the High Court to summon
the Chairman and Regional Manager of the Bank. If the High Court
was so sure of the order of termination is contrary to law, the
High Court would be well within its jurisdiction to pass such an
order but summoning of the officers, discharging public duties, is
clearly unwarranted. This Court in a Judgment ‘The State of Uttar
Pradesh vs Manoj Kumar Sharma’ reported in 2021 SCC Online SC 460
has already commented adversely against the practice of the
Officers being summoned to the Court.
In view of the said fact, the direction to summon the officers
of the Bank are set aside. However, the Bank shall file affidavit
as directed within four weeks from today.
It shall be open to the High Court to decide the writ
petition in accordance with law.
The appeal is allowed in above terms.
Pending application(s), if any, also stand disposed of.
……………………………………………………J.
[HEMANT GUPTA]
……………………………………………………J.
[V. RAMASUBRAMANIAN]
NEW DELHI;
8th OCTOBER, 2021
LL 2021 SC 575
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ITEM NO.36 Court 11 (Video Conferencing) SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 12724/2021
(Arising out of impugned final judgment and order dated 02-08-2021
in WA No. 8862/2021 passed by the High Court of Judicature at
Allahabad)
PRATHAMA U.P GRAMIN BANK & ANR. Petitioner(s)
VERSUS
SUNEEL KUMAR Respondent(s)
(I.R. and IA No.101132/2021-EXEMPTION FROM FILING C/C OF THE
IMPUGNED JUDGMENT and IA No.101134/2021-EXEMPTION FROM FILING O.T.)
Date : 08-10-2021 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE HEMANT GUPTA
HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN
For Petitioner(s) Mr. Rajesh Kumar Gautam, AOR
Mr. Anant Gautam, Adv.
Mr. Nipun Sharma, Adv.
Mr. Ravi Solanki, Adv.
For Respondent(s) Ms. Preetika Dwivedi, AOR
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal is allowed in terms of the signed order.
Pending application(s), if any, also stand disposed of.
(SWETA BALODI) (RENU BALA GAMBHIR)
COURT MASTER COURT MASTER (NSH)
(Signed order is placed on the file)
LL 2021 SC 575
