Employment Law - Employer-Employee Relationship – Determination – Civil Appeal against the High Court order treating employees of two schools established by NALCO as its employees – Schools managed by separate societies registered under the Societies Registration Act – NALCO providing infrastructure, financial support, and benefits – Management and day-to-day control vested in the schools’ independent managing committees – Supreme Court held that the managing committees, not NALCO, are the real employers – Schools are unaided private institutions despite NALCO's involvement – Relationship of master and servant not established between NALCO and the school employees – Appeals allowed, High Court judgment set aside. [Paras 1-35]

Control and Supervision Test – Analysis – Held – True test to determine the employer-employee relationship includes assessing the extent of control and supervision over the employees – Merely providing financial support and infrastructure does not establish an employer-employee relationship – Control over the manner of execution and day-to-day operations lies with the managing committees of the schools, thus negating the claim of NALCO being the employer. [Para 22-24, 31-32]

Equal Pay for Equal Work – Non-applicability – Analysis – Held – Employees of the schools cannot claim parity in pay scales with NALCO employees – Difference in nature of work, recruitment processes, qualifications, and job responsibilities – Principle of 'equal pay for equal work' not applicable – Employees already receiving better emoluments and service conditions compared to their counterparts in government or aided/unaided schools. [Para 33-34]

Decision – Appeals Allowed – The Supreme Court allowed the appeals, setting aside the High Court judgment which had directed NALCO to treat school employees as its own – Employees to continue under the management and conditions set by the schools' managing committees. [Para 35]

Referred Cases:

State of West Bengal and Another Vs. West Bengal Regn. Copy Writers Assn. and Another, (2009) 14 SCC 132

A.K. Bindal and Another Vs. Union of India (UOI) and Others, (2003) 5 SCC 163

Nihal Singh and Others Vs. State of Punjab and Others, (2013) 14 SCC 65 S.C.

Chandra and Others Vs. State of Jharkhand and Others, (2007) 8 SCC 279

Education Law - Admission Criteria Change - Civil Appeals against High Court Interim Order - Appeal concerning the interim order of the High Court of Delhi which upheld the deletion of the 'Inter-State Transfer' category from school admission criteria - Supreme Court finds that the alteration of admission criteria after the commencement of the process is unjust - Deletion of points for inter-state transfer cases without case-specific investigation deemed inappropriate - Original admissions granted to the appellants' children to remain undisturbed - Further directives for accommodation of additional candidates listed by appellants - Appeals disposed of with reliefs granted to appellants' children. [Paras 1-22]

Right to Education - Impact of Midstream Criteria Alteration - Analysis - Held - Midstream changes to admission criteria, specifically removing inter-state transfer points, violate principles of fairness and constitutional right to education - The state must honor admissions granted based on previously announced criteria - Changing criteria after the admission process begins causes undue hardship to transferred families. [Para 19-20]

Decision - Restoration of Original Admission Criteria and Accommodations - Court orders that admissions based on the original criteria (Notification dated 18.12.2013) shall remain valid - Additional candidates specified by appellants to be accommodated in schools - The Administration to ensure compliance and facilitate the continuation of studies for affected children - Benefits confined to parties who approached the court. [Paras 20-22]

Referred Cases:

None

Constitutional Law – Prevention of Cruelty to Animals – Examination of statutory and constitutional provisions concerning animal rights – The Supreme Court of India, recognizing the welfare of animals under Sections 3 and 11 of the Prevention of Cruelty to Animals Act, 1960 (PCA Act), declared that events such as Jallikattu and bullock-cart races violate the statutory provisions aimed at preventing cruelty to animals. The Court underscored the constitutional duty under Article 51A(g) to show compassion for living creatures and held that these events inherently cause unnecessary pain and suffering to animals. [Paras 26-32]

Repugnancy – Tamil Nadu Regulation of Jallikattu Act, 2009 (TNRJ Act) – The Court found that the TNRJ Act, which permits Jallikattu, is inconsistent with the PCA Act, a central legislation enacted to prevent cruelty to animals. The provisions of the TNRJ Act were declared repugnant to the PCA Act and thus void under Article 254(1) of the Constitution of India. The Court emphasized that the PCA Act is a welfare legislation that overrides the TNRJ Act. [Paras 65-76]

Performing Animals – Prohibition – The Court upheld the notification dated 11.07.2011 issued by the Central Government under Section 22(ii) of the PCA Act, which prohibits the exhibition and training of bulls as performing animals. The Court clarified that bulls cannot be used for Jallikattu or bullock-cart races, reaffirming their status as draught and pack animals not designed for performance. [Paras 34-36, 40-41]

International Perspective – Animal Welfare – Reference to international principles and practices – The judgment highlighted the shift towards recognizing the intrinsic value of animals and their welfare in international law, drawing parallels with practices in other countries that have incorporated animal welfare into their legal frameworks. The Court called for amendments to elevate the rights of animals to constitutional rights in India. [Paras 47-56]

Decision – Declarations and Directions – The Supreme Court issued several directives to ensure the protection of animal rights, including the implementation of the five freedoms (freedom from hunger, thirst, fear, distress, discomfort, pain, injury, and disease, and freedom to express normal behavior). The Court also urged the Parliament to amend the PCA Act to provide stricter penalties and elevate animal rights to constitutional status. [Paras 77-78]

Referred Cases:

Lilavati Bai Vs. The State of Bombay, AIR 1957 SC 521

T.N. Godavarman Thirumulpad Vs. Union of India, AIR 2012 SC 1254

N.R. Nair and Others Vs. Union of India, AIR 2001 SC 2337

M. Karunanidhi Vs. Union of India, AIR 1979 SC 898

Jaya Gokul Educational Trust Vs. The Commissioner and Secretary to Government Higher Education Department, Kerala, AIR 2000 SC 1614

Vijay Kumar Sharma and others Vs. State of Karnataka, AIR 1990 SC 2072

Centre for Environment Law, WWF-I Vs. Union of India, (2013) 3 ABR 1089

N. Adithayan Vs. The Travancore Devaswom Board, AIR 2002 SC 3538

Service Law - Seniority Dispute - Quota Rule Application - Confirmation and Recruitment – Appeals against the High Court decision to follow the Supreme Court judgment in Paramjit Singh v. Ram Rakha regarding the application of the quota rule at both recruitment and confirmation stages – Supreme Court analyzed the interpretation of relevant rules, particularly Rule 10 of the Punjab Police Service Rules, 1959 – Held that the rule of quota should be applied at the stage of confirmation to maintain seniority determined by date of confirmation – Affirmed that this interpretation avoids arbitrariness and ensures equitable treatment for both promotees and direct recruits. [Paras 27-39]

Application of Precedents – Paramjit Singh v. Ram Rakha – Constitution Bench in B.S. Yadav v. Union of India – Discussed – Paramjit Singh case not overruled by B.S. Yadav – Both cases examined on their specific rules and factual matrix – Paramjit Singh ruling upheld as it pertains directly to the same rules and service cadre – Confirmed that the interpretation in Paramjit Singh remains valid and applicable. [Paras 28-32]

Decision – High Court’s Approach Justified – Adherence to Precedent – The Supreme Court upheld the High Court's adherence to the Paramjit Singh decision – Emphasized the doctrine of stare decisis and the necessity to follow binding precedents unless specifically overruled – Appeals dismissed. [Paras 34-39]

Referred Cases:

R.K. Sabharwal and others v. State of Punjab and others, AIR 1995 SC 1371

Suraj Parkash Gupta and Others v. State of Jammu & Kashmir Others, AIR 2000 SC 2386

Maharashtra Vikrikar Karamchari Sangathan v. The State of Maharashtra and Another, AIR 2000 SC 622

Paramjit Singh and Others v. Ram Rakha and Others, AIR 1979 SC 1073

G.S. Lamba and Others v. Union of India (UOI) and Others, AIR 1985 SC 1019

Contempt of Court - Non-Compliance with Judicial Orders - Contempt Petition filed by teachers' association against State Government for willful disobedience of Supreme Court judgment directing the merger of teaching cadres - Government's subsequent actions and introduction of 2014 Rules found to frustrate the effect of the court's judgment - Held, non-compliance with court's order constituted contempt - Directions issued to restore combined gradation list and provide benefits to merged teachers - Detailed observations made regarding the importance of compliance with judicial orders and the responsibilities of the state in honoring such directives. [Paras 1-36]

Role of State Government - Analysis - Held - The State Government's actions, including the introduction of the 2014 Rules, were scrutinized and found to be an attempt to undermine the merger's intent as directed by the Supreme Court - Government's attitude and handling of the matter were criticized, and clear directions were issued to rectify the situation - Strong remarks made about the obligation of the state to comply with judicial directives and the adverse impact of non-compliance on affected individuals. [Paras 19-35]

Decision - Restoration of Combined Gradation List - Court directed the revival of the combined gradation list issued on 17.08.2007 and ordered the state to take necessary steps to provide all consequential benefits to the merged teachers - Specific instructions given to amend Rule 27 of the 2014 Rules to include options for teachers similar to other sub-cadres - Cost of Rs. 50,000 imposed on the state for the proceedings. [Paras 36]

Referred Cases:

Dr. Ashish Ranjan v. Dr. Anupama Tandon and Another, (2011) 1 RCR(Civil) 291

J. Parihar v. Ganpat Duggar and Others, (1996) 6 SCC 291

Indian Airport Employees Union v. Ranjan Chatterjee and Another, (1999) 2 SCC 537

Delhi Development Authority v. Skiper Construction Company (P) Ltd. and Another, (1996) 4 SCC 622

All India Anna Dravida Munnetra Kazhagam v. L.K. Tripathi and Others, (2009) 5 SCC 417

Land Acquisition Act, 1894 – Declaration under Section 6 – Validity – Civil appeal against High Court judgment upholding the declaration under Section 6 – High Court held declaration made within prescribed limitation – Appeal preferred by landowners who purchased the land after notification under Section 4 – Land Acquisition Collector's report and subsequent acceptance by Lt. Governor leading to declaration under Section 6 – Award made by Land Acquisition Officer in 1987-1988 – Held, High Court judgment set aside, appeal allowed in terms of similar decision in connected cases. [Paras 1-6]

Land Acquisition – Purchase of Land Post Notification – Rights of Subsequent Purchasers – Analysis – Held, appellants, as subsequent purchasers, have standing to challenge the acquisition process – Noted that various orders in related cases affected the proceedings – High Court granted stay of dispossession, no possession taken by Respondent despite award. [Para 2, 5]

Decision – Appeal Allowed – High Court's impugned judgments dated 17.12.2004 and 27.7.2007 set aside – Appeal allowed in terms of the decision in connected cases – No order as to costs. [Para 6]

Referred Cases:

Co-operative Societies - Membership Disputes - Right to Housing Facilities – Appeal involving complex disputes among members of a cooperative housing society – High Court orders reviewed – Dispute over the inclusion of 37 new members in the society and their right to share in the land purchased by the society – Orders issued by various authorities and High Court challenged by society and individual members – Supreme Court examines the validity of memberships and allocation of land rights. [Paras 1-40]

Co-operative Societies - Validity of Membership - Expulsion and Disqualification – Analysis of Bye-laws – Held – The admission of 37 members in 1996 ratified and not subsequently legally rescinded – Valid membership cannot be expunged without following due process as per Bye-laws. [Paras 24-30]

Land Allocation - Distribution in Co-operative Societies – Rights of Original and New Members – Held – Land purchased by society belongs to the society as a whole – Distribution to be based on seniority and in compliance with Bye-laws – Individual investments by members towards land purchase do not confer exclusive rights. [Paras 31-36]

Decision – Directions Issued for Settlement – Supreme Court issues comprehensive directions for conducting fresh elections, validating memberships, and proper distribution of land – Orders of High Court set aside – Appeals allowed with specified directions for resolving disputes in accordance with cooperative principles. [Paras 39-40]

Referred Cases: Not specifically listed in the judgment provided.

Land Acquisition - Quashing of Acquisition Proceedings – Civil Appeals against the judgment of the High Court of Delhi quashing land acquisition proceedings for non-compliance with Section 5A of the Land Acquisition Act, 1894 – Notification under Section 4 issued for planned development of Delhi – Objections under Section 5A filed but not considered in strict compliance with natural justice – High Court held the proceedings vitiated due to report submission by a successor officer – Supreme Court dismissed the appeals, affirming High Court's decision – Observed non-compliance with Section 5A violated principles of natural justice – Held that acquisition proceedings initiated under the 1894 Act deemed to have lapsed under Section 24(2) of the 2013 Act if physical possession not taken or compensation not paid within five years. [Paras 1-25]

Role of Natural Justice in Land Acquisition – Analysis – Held – Natural justice principles must be strictly followed in acquisition proceedings – Objections under Section 5A entail a substantive right for the landowner – Successor officer submitting a report without a fresh hearing vitiates the process – Emphasized mandatory hearing and report submission by the same officer who heard objections – Reiterated the significance of procedural compliance for lawful land acquisition. [Para 8-15]

Decision – Dismissal of Appeals – Supreme Court dismissed the appeals, concurring with the High Court that land acquisition proceedings were invalid due to procedural lapses and violation of natural justice principles – Clarified lapsing of acquisition proceedings under Section 24(2) of the 2013 Act – Directed fresh acquisition proceedings if necessary under the 2013 Act. [Para 20-30]

Referred Cases:

Ezra v. The Secretary of State and Others Women Education Trust and Another v. State of Haryana and Others, AIR 2013 SC 2488

Automotive Tyre Manufacturers Association v. The Designated Authority and Others, (2011) 2 SCC 258

Abhey Ram (dead) by LRs. and others v. Union of India and others, (1997) 5 SCC 421

Hindustan Petroleum Corporation Ltd. v. Darius Shapur Chenai and Others, (2005) 7 SCC 627

Munshi Singh and Others v. Union of India (UOI), (1973) 2 SCC 337

Gullapalli Nageswara Rao and Others v. Andhra Pradesh State Road Transport Corporation and Another, AIR 1959 SC 308

Bharat Kumar v. State of Haryana and Another, (2014) 6 SCC 586

Nandeshwar Prasad and Another v. The State of Uttar Pradesh and Others, AIR 1964 SC 1217

Pune Municipal Corporation and Another v. Harakchand Misirimal Solanki and Others, (2014) 3 SCC 183

Om Parkash v. Union of India (UOI) and Others, (2010) 4 SCC 17

Rasid Javed and Others v. State of U.P. and Another etc. etc., (2010) 7 SCC 781

Dev Sharan and Others v. State of U.P. and Others, (2011) 4 SCC 769

Delhi Administration v. Gurdip Singh Uban and Others, (2000) 7 SCC 296

Usha Stud and Agricultural Farms Pvt. Ltd. and Others v. State of Haryana and Others, (2013) 4 SCC 210

Anand Singh and Another v. State of Uttar Pradesh and Others, (2010) 11 SCC 242

Ivo Agnelo Santimano Fernandes and Others v. Government of Goa and Another, (2011) 11 SCC 506

Union of India (UOI) and Others v. Mukesh Hans etc., (2004) 8 SCC 14

Prem Nath Kapur and Another v. National Fertilizers Corpn. of India Ltd. and Others, (1996) 2 SCC 71

Raghbir Singh Sehrawat v. State of Haryana and Others, (2012) 1 SCC 792

Smt. Chatro Devi and Others v. Union of India (UOI) and Others, (2007) 137 DLT 14

B.R. Gupta v. Union of India and Others, (1989) 16 DRJ 225 Balak Ram Gupta v. Union of India (UOI), (2005) 117 DLT 753

Criminal Law - Recall of Order - Jurisdiction of High Court - Section 362 CrPC – High Court recalled an order dictated in open court acquitting the appellants, citing the need for further examination of the requirement of sanction under Section 197 CrPC. Supreme Court held that until a judgment is signed and sealed, it is not final and can be recalled or altered. Thus, the High Court had the jurisdiction to recall its dictated order. [Paras 4-11]

Criminal Law - Sanction for Prosecution - Section 197 CrPC – The necessity of sanction under Section 197 CrPC for prosecuting police officers was questioned. Supreme Court held that the issue of sanction must be thoroughly examined to determine if the actions of the accused were committed in the discharge of their official duties. [Para 2(D)]

Criminal Law - Role of Police Escort - Escape of Accused – Appellants, who were police escort personnel, were convicted under various IPC sections for allowing an accused to escape custody after being allegedly poisoned. The Supreme Court reiterated the heavy responsibility on judges to ensure justice, emphasizing that until a judgment is formally signed, it can be reconsidered. [Paras 4-10]

Decision - Dismissal of Petition – The Supreme Court dismissed the Special Leave Petition, upholding the High Court’s procedure of recalling the dictated order before it was signed, thereby allowing the case to be reheard on the issue of sanction under Section 197 CrPC. [Paras 11-12]

Referred Cases:

Sangam Lal v. Rent Control and Eviction Officer and Others, AIR 1966 All 221

Surendra Singh and Others v. State of Uttar Pradesh, AIR 1954 SC 194

Iqbal Ismail Sodawala v. State of Maharashtra and Others, AIR 1974 SC 1880

Amodini Dasee v. Darsan Ghose, ILR (Cal) 1911

State of Bombay v. Geoffrey Manners and Co. (No. 2), AIR 1951 Bom 49