Arbitration Law - Appointment of Arbitrator - Dispute Resolution Mechanism - Interpretation of "Excepted Matters" - Scope of Court's Jurisdiction under Section 11(6) of the Arbitration and Conciliation Act, 1996 - Civil Appeal challenging the High Court's appointment of an arbitrator under Section 11(6) - Held, the Chief Justice or his designate must decide preliminary issues of jurisdiction, existence of an arbitration agreement, and whether a live claim exists - Matters involving "excepted matters" should be determined by the arbitrator, not the Chief Justice or his designate - High Court's decision partly set aside.

Role of Chief Justice or Designate in Appointment of Arbitrators - Interpretation - Held, Chief Justice or his designate should determine jurisdictional prerequisites and existence of arbitration agreement but leave substantive issues such as the arbitrability of disputes to the arbitrator - Substantive determination of whether disputes are "excepted matters" falls within the arbitrator's domain.

Decision - Partial Allowance of Appeal - High Court’s designate erred in addressing the substantive issue of whether the dispute was a "billing dispute" or an "excepted matter" - Such determinations should be left to the arbitrator - Appointment of the arbitrator upheld, but the portion of the order addressing the substantive merits set aside.

Constitutional Law - Scheduled Caste/Tribe Status - Caste Certificate Verification – Appellant employed based on a caste certificate later invalidated by Scrutiny Committee – Supreme Court evaluates the legitimacy of the termination and criteria for reinstatement.

Employment Law - Validity of Caste Certificate – Held – Appellant’s employment terminated due to invalid caste certificate – No evidence of fraudulent intent by Appellant – Service continuity protected under certain conditions – Government resolutions and previous judgments considered – Directed reinstatement without back wages, subject to conditions. [Paras 1-10]

Protection of Employment - Scheduled Tribe Status - Precedents – Analysis – Held – Court reviews extensive case law on the protection of employment for individuals who obtained benefits based on caste certificates later invalidated – Principles established for protecting employment in absence of fraudulent intent. [Paras 4-7]

Decision – Reinstatement with Conditions – Supreme Court orders reinstatement of Appellant – No back wages awarded – Appellant not entitled to further promotion under Scheduled Tribe category – Employment protected if obtained in good faith based on caste certificate – Appellant to be reappointed to the post if vacant before retirement. [Para 10]

Service Law - Employment under Rehabilitation Scheme – Displaced persons - Claim for employment after death of nominee - Respondent's brother appointed under NALCO's scheme for land displaced persons, died in an accident – High Court directed NALCO to provide employment to the respondent, another family member – Supreme Court reverses High Court's decision – Holds that once the benefit under the scheme was duly availed by the nominee, there is no provision for appointment of another family member after the death of the nominee – Employment schemes under NALCO and compassionate appointment guidelines examined - No scope for second appointment under either scheme – Appeal allowed, High Court order set aside. [Paras 1-17]

Rehabilitation Scheme - Interpretation and Application – Held – Provisions of NALCO’s scheme for land displaced persons do not support the claim for another appointment after the death of an already appointed nominee – Analysis of relevant scheme provisions reveals nomination by head of family cannot be altered post employment of the nominee – Supreme Court emphasizes that benefits under the scheme are not perpetually transferrable to other family members post the nominee's death. [Paras 10-14]

Compassionate Appointment – Guidelines and Limitations – Held – NALCO's guidelines for compassionate appointment limited to spouse, dependent son, or unmarried dependent daughter – Respondent, being the deceased's brother, does not fall under eligible categories for compassionate appointment – High Court’s direction for employment inconsistent with established guidelines – Appeal by NALCO allowed. [Paras 11, 17]

Decision – Appeal Allowed – Supreme Court sets aside the High Court’s order directing NALCO to consider the respondent’s employment claim – Confirms that neither the scheme for land displaced persons nor the compassionate appointment guidelines support the respondent’s claim – Directions for no further employment under the examined schemes. [Para 17]

Principle of Res Judicata - Application in Successive Stages of Same Litigation – The Supreme Court emphasized that for the doctrine of res judicata to apply, there must be a conscious adjudication of an issue. In the absence of an expression of opinion on the merits, the principle cannot be invoked to bar subsequent applications in the same litigation. The court found that the learned Company Judge had not adjudicated the application for leave on merits in the initial order and had only recorded a statement made by the counsel for the respondent, thus not attracting res judicata. The Division Bench's decision was held to be in error for treating the initial order as res judicata. [Paras 23-38]

Liberty to Apply – Interpretation – The court clarified that the phrase "liberty to apply" granted by the learned Company Judge must be understood in context. It does not inherently grant the right to reopen matters already adjudicated, but in this case, it allowed for future applications as the initial application had not been decided on merits. The Division Bench's interpretation that it barred subsequent applications was incorrect. [Paras 34-38]

Grant of Leave for Filing Eviction Suit – Company in Liquidation – The court noted that the learned Company Judge had correctly granted leave for the appellant to file an eviction suit against the company in liquidation, as the company's tenancy rights were not assets of the company for liquidation purposes and the official liquidator had no objection. The Division Bench's decision to revoke this leave was overturned. [Para 22]

Decision: The appeal was allowed, setting aside the Division Bench's order and restoring the order of the learned Company Judge. The respondents were directed to pay costs. [Paras 38-39]

Banking Law - Pension and Leave Encashment Entitlement - Civil Appeal against denial by Bank - Respondent, a former bank clerk, removed from service with superannuation benefits as a measure of penalty post-disciplinary inquiry. Claim for pension and leave encashment rejected by the bank citing forfeiture of past service upon removal. Tribunal and High Court upheld entitlement based on Bipartite Settlement providing for removal with superannuation benefits due otherwise under prevailing rules. Supreme Court affirms lower court's decision, recognizing entitlement to superannuation benefits for eligible employees removed with such penalty. [Paras 1-15]

Interpretation of Bipartite Settlement and Pension Regulations - Harmonization of seemingly conflicting provisions - Held - Regulations stipulate forfeiture of past service upon removal, disqualifying pensionary benefits. Bipartite Settlement clause providing for removal with superannuation benefits should be interpreted to apply to eligible employees meeting qualifying service criteria. Ensures no provision is rendered redundant, maintaining the integrity of both the settlement and the regulations. [Para 10-13]

Decision - Denial of Benefits Overturned - Employee's heirs entitled to superannuation benefits, including pension and leave encashment. Interest at 6% p.a. on dues awarded. Appeal dismissed with costs imposed on appellant bank. [Para 14-15]

Industrial Law - Termination of Daily-Wage Worker - Violation of Section 25F of the Industrial Disputes Act - The respondent, Bhurumal, claimed wrongful termination by BSNL without compliance with the mandatory provisions of Section 25F, such as notice and retrenchment compensation. The CGIT found that Bhurumal had worked directly under BSNL for almost 15 years, establishing an employer-employee relationship, and ruled the termination illegal. [Paras 3-5, 14]

Employer-Employee Relationship - Evidence and Findings - The tribunal relied on work diaries maintained by Bhurumal, which documented his daily work activities and supported his claim of direct employment with BSNL. The tribunal drew adverse inference against BSNL for not producing original employment documents, strengthening the respondent's case. [Paras 5, 16-17]

Judicial Review - Concurrent Findings of Fact - High Court upheld the CGIT's findings, rejecting BSNL's writ petition. The Supreme Court reiterated that interference under Articles 226 and 136 is limited to cases of perversity or lack of evidence, which was not established by BSNL. [Paras 7, 10, 15]

Relief - Compensation in Lieu of Reinstatement - The Supreme Court, aligning with the recent trend, decided against automatic reinstatement with back wages for daily-wage workers terminated in violation of procedural requirements. Considering the long gap since termination and advancements in technology reducing the need for linemen, the Court awarded monetary compensation of Rs. 3 lakhs instead of reinstatement. [Paras 19-26]

Decision - Award Modified - The CGIT's award of reinstatement with back wages was modified to a compensation of Rs. 3 lakhs, to be paid within two months, failing which interest at 12% per annum would apply. The appeal was disposed of with a cost of Rs. 15,000 awarded to the respondent. [Paras 26]

Constitutional Law - Reservation Policy - Compliance with Supreme Court Judgments - Writ Petition under Article 32 of the Constitution challenging AIIMS's admission procedures and reservation policy - Allegations of exceeding the prescribed reservation quota and mismanagement during counseling - Examination of the legality and fairness of the admission process - Held, the reservation policy adopted by AIIMS adheres to the principles laid down by the Supreme Court in Indira Sawhney and other relevant judgments - The process ensures meritorious reserved candidates (MRC) are given the opportunity to opt for institutions of their choice, maintaining their status in the general category while preventing any breach of the 50% reservation limit. [Paras 1-24]

Counseling Process - Reserved Category Candidates - Merit-Based Allocation - Analysis of the AIIMS's counseling procedure for MBBS admissions - Held, the method of allowing MRCs to opt for better institutions in their reserved category while being counted in the general category ensures fairness and meritocracy - This practice prevents lesser meritorious candidates from gaining undue advantage and aligns with the Supreme Court's mandate in Ritesh R. Sah v. Dr. Y.L. Yamul - The overall reservation ceiling of 50% remains intact - Petition dismissed as no rights of the petitioners were violated. [Paras 15-24]

Decision - Dismissal of Writ Petition - The Supreme Court dismisses the writ petition challenging the AIIMS’s admission procedure, ruling that the process was fair and adhered to constitutional principles - The method used ensures that the 50% reservation limit is not breached and does not disadvantage meritorious candidates from reserved categories - No costs awarded. [Para 24]

Negotiable Instruments Act - Section 138 - Limitation Period for Issuance of Notice - Complaint Validity - Criminal Appeal - Held: The complaint under Section 138 of the NI Act is not maintainable if the statutory notice demanding payment is not issued within 30 days of receiving information about cheque dishonor. The Supreme Court finds that the complainant received information on 10.11.2008 but issued the notice only on 17.12.2008, beyond the prescribed period. Hence, the complaint is dismissed as non-maintainable. [Paras 9-15]

Criminal Procedure Code - Section 482 - Quashing of Complaint - Abuse of Process - Held: The High Court erred in dismissing the petition to quash the complaint. The Supreme Court sets aside the High Court order, recognizing the procedural lapse in timely issuance of notice as stipulated under Section 138 of the NI Act, and quashes the complaint as an abuse of process of law. [Paras 2-3, 15]

Role of Admitted Facts - Legal Notice and Cheque Presentation - Analysis - The complainant’s acknowledgment of receiving information about the dishonor on 10.11.2008 is pivotal. The delayed issuance of the notice invalidates the cause of action under Section 138. [Paras 12-14]

Decision - Complaint Quashed - The Supreme Court allows the appeal, overturns the High Court's decision, and quashes the criminal complaint for failure to meet the statutory requirements of Section 138 of the NI Act. [Para 15]

Constitutional Law - Use of Symbols of Authority - Petition challenging the use of signs and symbols such as red lights on vehicles by public servants - Whether the use of such symbols is contrary to the constitutional ethos and basic feature of republicanism - Held, use of red lights on vehicles carrying "high dignitaries" specified by the Central Government is permissible, but misuse and unauthorized use by others is unconstitutional - State Governments to amend rules in conformity with the Central Government notifications. [Paras 1-25]

Motor Vehicles Law - Use of Red Lights and Multi-toned Horns - Interpretation of Rule 108 and Rule 119 of the Central Motor Vehicles Rules, 1989 - Whether the use of red lights with or without flashers on vehicles carrying dignitaries other than those specified by the Central Government is legal - Held, only specified high dignitaries can use red lights while on duty - Unauthorized use is illegal - Enforcement authorities directed to impose penalties on violators - Detailed directions issued to curb misuse. [Para 24-25]

Decision - The petition partially allowed - Red lights can only be used by specified high dignitaries while on duty - Unauthorized use of red lights and multi-toned horns is illegal - State Governments to amend rules and impose penalties - Enforcement to be strict and notices to be published. [Para 25-26]