Industrial Law – Application of Conferment Act – Civil Appeals against High Court decision affirming the conferment of permanent status to workmen – Tamil Nadu Medical Services Corporation claimed exemption from the Act – High Court and Supreme Court analyzed the applicability of the Act – Held, Tamil Nadu Medical Services Corporation qualifies as an industrial establishment under the Act and its employees are entitled to permanent status – Supreme Court dismissed the Corporation's appeal and allowed the employees' appeal – Directed compliance with the Inspector of Labour's order. [Paras 1-29]

Industrial Establishments – Definition and Applicability – Analysis – Held – Tamil Nadu Medical Services Corporation is an industrial establishment as per Section 2(3)(e) of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 – Activities of the Corporation deemed commercial – Employees met the continuous service requirement – Act applicable to Corporation and employees – No exemption under Section 7 applicable. [Paras 18-27]

Decision – Compliance with Labour Inspector's Order – High Court's limited scope on remand – Held, Inspector of Labour's order conferred permanent status to eligible employees – High Court should have enforced compliance instead of suggesting raising an industrial dispute – Supreme Court directs compliance with Labour Inspector's order. [Paras 28-29]

Promotion Process - Principle of 'Merit-cum-Seniority' - Petitioners challenged the promotions made by the High Court of Gujarat under Rule 5(1) of the Gujarat State Judicial Service Rules, 2005 - Alleged misapplication of 'Merit-cum-Seniority' - High Court's promotion process involved a Suitability Test comprising Written Test, Evaluation of Annual Confidential Reports (ACRs), Assessment of Average Disposal, and Evaluation of Judgments - Petitioners contended the process effectively applied 'Seniority-cum-Merit' - Writ petition under Article 32 is maintainable despite alternative remedy under Article 226 - Rule 5(1) and All India Judges’ Association (3) envisages a suitability test to ensure candidates meet a minimum standard of merit for promotion - The principle of 'Merit-cum-Seniority' does not mandate a comparative merit assessment but rather an assessment of minimum suitability - High Court's method of promotion, which assesses legal knowledge, efficiency, and case law comprehension through a Suitability Test, complies with the principle of 'Merit-cum-Seniority' - Deviating from the established process would cause prejudice to judicial officers previously affected by seniority-based promotions - Petition dismissed, Select List dated 10.03.2023 upheld [Paras 1-145]

Maintainability - Preliminary objection raised on maintainability of writ petition under Article 32 due to availability of alternative remedy under Article 226 - Court held that existence of alternative remedy does not affect maintainability of petition under Article 32 - Rule behind relegating to alternative remedy is a rule of self-restraint and convenience - Court entertained petition on merits [Paras 37-43]

Historical Context - Examined evolution of promotion principles, statutory provisions, and judicial interpretations - Discussed Law Commission's recommendations, All India Judges’ Association cases, and various precedents on 'Merit-cum-Seniority' and 'Seniority-cum-Merit' - Clarified the distinct modes of recruitment and their objectives as intended by judiciary reforms [Paras 44-139]

Guidelines for Suitability Test - Court suggested enhancing Suitability Test by including an interview component, raising minimum threshold marks, evaluating judgments from last two years, and allocating marks for seniority in Suitability Test - Suggested amending rules in line with Uttar Pradesh Higher Judicial Service Rules, 1975 [Paras 140-146]

Decision - Validity of Promotion Process - Upheld High Court of Gujarat’s promotion process - Confirmed that process adheres to 'Merit-cum-Seniority' principle as per All India Judges’ Association (3) - Suitability Test is valid and comprehensive, assessing legal knowledge, efficiency, and case law comprehension - Process ensures minimum merit standards and maintains judicial efficiency - Dismissed petition, upheld Select List dated 10.03.2023 - Interim Order vacated (Paras 141-144).

Criminal Law – Regular Bail under Section 439 Cr.P.C. – Appeal against High Court’s orders granting bail to accused in a double murder case – High Court’s orders set aside due to failure to consider the gravity of the offense, the role attributed to the accused, and the potential for witness tampering – Accused directed to surrender within two weeks [Paras 2, 6-7, 26, 28, 31-33, 35].

Evidence Evaluation – Supreme Court noted that the High Court overlooked substantial evidence against the accused, including consistent witness testimonies and the severity of the crime – Previous criminal history of the accused and allegations of threatening witnesses while on bail further justified setting aside the bail orders [Paras 30-32, 34].

Decision – Quashing of Bail Orders – Held – The appeals are allowed, and the orders granting bail to the respondents are quashed. The respondents are directed to surrender within two weeks. The observations made are limited to the issue of bail and do not reflect the merits of the ongoing trial [Paras 35-36].

Civil Law – Refund of Stamp Duty – Appeal against High Court’s dismissal of demand for refund of stamp duty paid towards unexecuted conveyance deed – Appellant was defrauded by vendor who had already sold the property to a third party – Despite timely online application for refund, appellant's request was denied based on limitation period – Supreme Court examined statutory provisions and relevant rules – Held, appellant’s right to refund cannot be barred by limitation – Appeal allowed, impugned orders set aside, and refund directed [Paras 2-17].

Stamp Duty Refund – Appellant applied for refund within six months but cancellation deed was executed later due to vendor's unavailability – High Court's strict interpretation of limitation period found misplaced – Supreme Court emphasized just treatment over technicalities, referencing previous judgments on similar issues – Legal principles settled in Committee-GFIL v. Libra Buildtech case applied – Appellant’s bonafide actions and pursuit of remedies justified refund [Paras 8-16].

Decision – Appeal Allowed – Held – Impugned orders dated 02.08.2019, 09.06.2015, and 25.02.2016 set aside – Respondents directed to refund the stamp duty amount of Rs. 25,34,400/- to the appellant – State should act fairly and not rely solely on technicalities when dealing with citizens [Para 17].

Civil Law – Landlord-Tenant Dispute – West Bengal Tenancy Act vs. Transfer of Property Act – Applicability in framing issues – Supreme Court's consideration of interlocutory applications during pendency of Special Leave Petitions – Directions for deposit of occupational charges based on market rent rates during dispute period upheld. The Supreme Court addressed whether the West Bengal Tenancy Act, 1997, or the Transfer of Property Act, 1882, should apply to a landlord-tenant dispute. The High Court had held the Tenancy Act applicable, leading to the dismissal of suits for eviction and recovery of possession. During the pendency of Special Leave Petitions, the Supreme Court directed the tenant to deposit occupational charges based on prevailing market rates due to non-payment of rent, ensuring equitable compensation for the landlord. [Paras 1-25]

Legal Interpretation – Determination of Lease – Concept and implications – Tenant at sufferance and obligation to pay mesne profits – Jurisprudence on rent and mesne profits during eviction proceedings – Principles from Atma Ram Properties and other landmark cases applied. The Court delved into the definitions and consequences of lease determination, forfeiture, and expiry, affirming that tenants continuing possession post-lease expiry owe mesne profits. Legal precedents underscored the landlord's right to compensation equivalent to market rent during such periods. The Court referenced significant judgments to substantiate its directive for occupational charges, highlighting equitable justice and the landlord's right to reasonable rent akin to market rates. [Paras 16-20]

Decision – Directions for deposit of occupational charges – Affirmation of trial court's findings on jurisdiction and maintainability – Conditions imposed for compliance by tenant – Final adjudication pending Special Leave Petitions – Appeal proceedings scheduled. The Court ordered the respondent to deposit INR 5,15,05,512/- with the Registry within four weeks, considering the substantial arrears and market valuation. The amount is to be placed in an interest-bearing fixed deposit pending final adjudication of the Special Leave Petitions, set for hearing in July 2024. This decision reinforces the interim protection of landlords' financial interests during ongoing litigation. [Paras 21-25]

Electricity Act, 2003 – Imposition of Reliability Charges – Validity – Appeal against Tribunal’s order setting aside reliability charges imposed on bulk consumers by Maharashtra State Electricity Distribution Co. Ltd. – Tribunal held that continuous process industries like the 1st respondent, which were already paying higher tariffs, could not be subjected to additional reliability charges – Supreme Court upholds Tribunal’s decision, finding no statutory basis for reliability charges under the Act or Regulations – Appeal dismissed.

Imposition of Reliability Charges – Continuous Process Industries – Tribunal noted higher tariff rates for continuous process industries on express feeders, compared to non-continuous industries – Held that additional reliability charges were unjustified – Tribunal’s findings confirmed by Supreme Court. [Paras 6-11]

Statutory Appeal – Section 111 of Electricity Act, 2003 – Entitlement to Appeal – Tribunal noted that the 1st respondent, directly affected by the levy, was entitled to appeal despite not participating in the public hearing – Supreme Court agrees, holding that non-participation does not bar statutory appeals. [Para 8]

Decision – Appeal Dismissed – Supreme Court finds no merit in the appeal and dismisses it, confirming the Tribunal's order to set aside the reliability charges imposed on the 1st respondent. [Para 12]

Labour Law – Coverage under Employees’ State Insurance Act, 1948 – Appeal against High Court decision exempting Nagar Nigam Allahabad from coverage under ESI Act – Appellant Corporation contended that the workshop run by Nagar Nigam engaged in repairs and maintenance of vehicles is a 'factory' under the Act – High Court quashed recovery notice issued by ESI Corporation – Supreme Court held that the workshop is indeed a factory under the Act – Appeal allowed, High Court order set aside – Respondent directed to approach the Insurance Court for resolution. [Paras 1-28]

Definition of ‘Factory’ – Applicability – Held – Workshop carrying out repairs and maintenance of vehicles with more than 10 employees is a ‘factory’ under Section 2(12) of the ESI Act – Respondent’s failure to comply with ESI contributions from 1978 onwards without seeking exemption under Section 90 of the Act – Supreme Court observed that respondent’s participation in prior statutory contributions affirmed the applicability of the Act. [Paras 19-23]

Judicial Review – Writ Jurisdiction – Exercise of writ jurisdiction under Article 226 – Supreme Court found High Court erred in entertaining writ petition without directing respondent to seek remedy before Insurance Court – Extraordinary writ jurisdiction not justified where factual disputes require examination by Insurance Court. [Paras 24-25]

Decision – Appeal allowed – High Court order quashed – Respondent directed to seek remedy under Section 75 of the ESI Act – Pending applications disposed of. [Paras 26-28]

Partnership Law - Dissolution of Firm - Limitation - Applicability of Section 42(c) of the Indian Partnership Act, 1932 - Automatic dissolution on the death of a partner - Held: Partnership firm constituted by partners including a deceased partner automatically dissolved upon his death in 1984 - Suit for dissolution filed in 1996 held to be time-barred - Duty of court to dismiss a suit instituted after the prescribed period of limitation under Section 3 of the Limitation Act, 1963 - Suit rejected as barred by limitation. [Paras 15-20]

Limitation - Duty of Court - Mandate of Section 3 of the Limitation Act, 1963 - Court bound to dismiss a suit filed after the limitation period, even if limitation not raised as a defense - Held: Lower courts erred in allowing suits without considering limitation - Appeal allowed, suit dismissed. [Paras 16-17, 20-22]

Dissolution of Partnership - Continuation of Business - Impact on Limitation - Continuation of business activities post-death of a partner does not negate automatic dissolution under Section 42(c) - Business activities carried out post-dissolution deemed to be in individual capacity - Suit filed beyond limitation period held time-barred. [Paras 18-19]

Decision - Appeals Allowed - Original suit for dissolution and rendition of accounts dismissed as barred by limitation - Concurrent findings by lower courts reversed. [Paras 21-22, 33-36]

Land Allotment – Cancellation of patta initiated after 13 years – Supreme Court's intervention – Appellants challenged the order of the High Court upholding the cancellation of patta on the grounds of fraud and irregular allotment – Supreme Court examined whether the proceedings for cancellation could be initiated at any time in absence of a prescribed limitation period under Section 122-C(6) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act (UPZALR Act) – Court held that power must be exercised within a reasonable period – Proceedings initiated after 13 years deemed unreasonable and without sufficient foundational facts of fraud – Appeal allowed and impugned orders set aside [Paras 1-19].

Fraud Allegations – Absence of clear evidence – Supreme Court scrutinized the allegations of fraud in land allotment process – Found no clear indication of fraudulent activity by the allottees – Irregularities based on presumed forged signatures deemed insufficient for proving fraud – Principle of reasonable time for exercising suo motu power applied – Orders of cancellation deemed unjust due to lack of concrete evidence of fraud [Paras 11-16].

Rights of Poor Villagers – Supreme Court emphasized the protection of rights of poor and rustic villagers – Allottees had constructed houses and lived there for several years based on legitimate allotment by Sub-District Magistrate – Quashing of cancellation orders to prevent injustice to poor and houseless persons – Established that unsettling long-standing residential allotments causes undue hardship [Paras 17-18].

Decision – Allowing of Appeal – Held – The appeal is allowed, and the impugned orders by the High Court, Additional Collector, and Additional Commissioner are set aside – The Supreme Court concluded that the initiation of cancellation proceedings after 13 years was unreasonable, and the allegations of fraud were unsubstantiated – The long-standing possession and residential use by the allottees justified the quashing of the cancellation orders [Paras 19].