Industrial Disputes – Validity of References – Appellant sold its cement division to Lafarge India Pvt. Ltd., and employees were allegedly transferred with the business – Employees contended they were forced to work with Lafarge and demanded reinstatement with Tata – Government of Jharkhand made references to the Labour Court regarding the dispute – Supreme Court found references incorrectly framed, as they pre-supposed employees were transferred rather than allowing determination of whether they remained Tata employees [Paras 1-13].

Jurisdiction and Terms of Reference – Industrial Tribunal’s jurisdiction limited to terms of reference – References should reflect true nature of disputes – Supreme Court held that the references made by the Government precluded Tata from arguing its case, as they presumed transfer of employees to Lafarge – References were quashed with direction for appropriate rewording [Paras 12-20].

Decision:

Appeal allowed – High Court judgment set aside – References quashed – Direction to appropriate Government to make fresh references reflecting the actual dispute within two months from receipt of the judgment.

Condonation of Delay – Special Appeal – Appellants sought condonation of delay for 98 days in filing Special Appeal against eviction order – High Court refused condonation based on six-day discrepancy in filing dates – Supreme Court found the High Court's refusal unjustified considering the minor delay and inadvertent error in dates – Emphasized liberal approach in delay condonation for substantial justice [Paras 3-10].

Administrative Errors – Inadvertent Mistakes – Supreme Court noted the apparent error in the condonation application regarding filing dates – Held that such minor inadvertent mistakes should not prevent adjudication on merits, especially for state appellants [Paras 9-10].

Decision:

Appeal allowed – High Court's order set aside – Delay condoned – Case remitted to High Court for disposal on merits.

Employment Law – Compulsory Retirement – RSRTC compulsorily retired the Respondent citing past misconduct – High Court quashed the order, noting misconduct was remote and not indicative of current performance – Supreme Court examined whether entire service record including past adverse entries can justify compulsory retirement [Paras 1-10].

"Washed Off Theory" – Supreme Court discussed the principle that past adverse entries lose significance after subsequent promotions – Clarified that for compulsory retirement, entire service record including old entries can be considered if it indicates persistent issues affecting public interest [Paras 14-24].

Adverse Service Record – Supreme Court noted Respondent's dismal service record with multiple instances of misconduct – Immediate past record also contained adverse entries, justifying compulsory retirement [Paras 26-27].

Judicial Review of Compulsory Retirement – Court reiterated limited scope of judicial review in cases of compulsory retirement, emphasizing subjective satisfaction of the employer and public interest [Para 28].

Decision:

Appeal allowed – High Court's order set aside – Order of compulsory retirement upheld.

Limitation – Condonation of Delay – Appeal concerning whether the High Court was justified in condoning a delay of 2449 days – Appellant, a teacher, filed writ petition for approval of appointment and interim order granted – Managing committee delayed in filing appeal against the interim order – Supreme Court emphasized judicial discretion must be guided by reason and justice, not subjective perceptions – High Court's liberal approach in condoning the delay criticized as neglectful of procedural diligence and bona fides [Paras 2-22].

Principles for Condonation – Supreme Court outlined principles for condoning delay: liberal approach, sufficient cause, bona fides, reasonableness, avoiding technicalities, ensuring public justice, avoiding gross negligence or mala fides, and maintaining judicial consistency [Paras 15-16].

Adjudication on Merits – Court noted that adjudication on merits is paramount, but procedural rules and timelines ensure orderly conduct of litigation – Emphasized importance of timely legal remedies and responsibilities of public authorities [Para 12].

Decision:

Appeal allowed – High Court's order condoning delay set aside – Appeal by managing committee dismissed – Single Judge directed to dispose of the writ petition expeditiously.

Criminal Law – Negligence – Appellant, a renowned surgeon, convicted under Section 338 read with Section 109 IPC for not performing an advised surgery himself, and subsequently not attending the patient post-operation – Alleged acts of omission and commission during surgery amounted to criminal negligence – Supreme Court held that the decision to advise surgery was not negligent given the patient’s deteriorating condition – Failure to perform surgery himself or provide post-operative care deemed professional misconduct, not criminal negligence [Paras 1-20].

Omission as Act – Supreme Court clarified that “omission” could be considered an “act” under IPC sections 32, 33, and 36 – However, such omission by the appellant did not rise to the level of criminal negligence under Section 338 IPC – Emphasized higher degree of negligence required for criminal liability [Paras 28-34].

Professional Misconduct – While appellant’s actions amounted to professional misconduct and civil liability, they did not constitute criminal negligence – Appellant’s failure to attend the patient post-operation resulted in breach of duty of care, but not sufficient for criminal conviction [Paras 35-45].

Decision:

Appeal allowed – Conviction under Section 338 read with Section 109 IPC set aside – Findings of professional misconduct by Maharashtra Medical Council remain unaffected.

Negotiable Instruments – Filing by Power of Attorney – The appeals questioned the legality of complaints under Section 138 of the NI Act filed by power of attorney holders – Supreme Court examined if such filings and verifications were permissible – Held that a power of attorney holder can file a complaint and verify on behalf of the payee or holder in due course, provided they have personal knowledge of the transaction – Verified complaints can rely on affidavits, and the Magistrate may not need to examine the complainant if affidavits suffice [Paras 1-26].

Legal Standards for Representation – Supreme Court emphasized that power of attorney holders must have witnessed the transaction as agents or possess substantial knowledge – Explicit assertions of their knowledge must be included in the complaint – Sub-delegation of functions by a power of attorney holder requires specific authorization in the power of attorney document [Paras 15-26].

Professional Conduct – Distinction between professional misconduct and criminal liability – The court underscored that procedural diligence and good faith are critical in legal representations, highlighting that lapses may lead to professional misconduct but not necessarily criminal liability [Paras 26-27].

Decision:

Appeals allowed – Reference questions answered – Power of attorney holders can file and verify complaints under NI Act if they possess personal knowledge and explicit assertions are made – Cases remitted to appropriate benches for decision on merits.

Criminal Law – Bail Application – Appellants challenged the application of Section 21(2) of the NIA Act, which requires appeals against orders granting or refusing bail to be heard by a Division Bench of the High Court – Supreme Court held that appeals under Section 21(4) of the NIA Act should indeed be heard by a Division Bench, given the gravity of offenses under the Act [Paras 10-14].

Interlocutory Orders – Supreme Court clarified that orders granting or refusing bail are considered interlocutory but made appealable under Section 21(4) of the NIA Act – Appeals against such orders must follow the procedure outlined in Section 21(2) [Paras 13-14].

Jurisdiction – Supreme Court confirmed that bail applications related to Scheduled Offenses under the NIA Act must be filed before the Special Court, and appeals against such orders lie only with a Division Bench of the High Court – The interpretation of Section 21 was consistent with the legislative intent and existing judicial precedents [Paras 12-19].

Decision:

Petitions dismissed – Supreme Court clarified that appeals against bail orders under the NIA Act must be heard by a Division Bench – Bail applications for offenses under the NIA Act are to be made before Special Courts, and appeals are to be directed to a Division Bench of the High Court [Para 20].

Criminal Law – Anticipatory Bail – Appellant challenged the condition of depositing Rs. 1 crore in fixed deposit for anticipatory bail – Supreme Court held that such a condition was onerous and outside the purview of Section 438 of the CrPC – Emphasized that anticipatory bail conditions must be reasonable and not defeat the purpose of bail [Paras 7-17].

Personal Liberty – Article 21 – The Court reiterated that bail conditions must not infringe upon the personal liberty guaranteed under Article 21 of the Constitution – Conditions should ensure fair investigation without being excessively burdensome [Paras 12-14].

Precedents and Judicial Reasoning – Court referenced previous decisions underscoring the principle that conditions for bail must be balanced and not amount to pre-trial punishment – Excessive conditions that make compliance impossible defeat the right to bail [Paras 9-11].

Decision:

Appeal allowed – Condition of depositing Rs. 1 crore set aside – Appellant granted anticipatory bail with conditions to make himself available for interrogation, not to intimidate witnesses, provide address to Investigating Officer, and not leave India without permission [Paras 15-17].

Reservation in Promotions – Constitutionality and Compliance – Appellants sought directions for the State of Himachal Pradesh to decide on reservation in promotions based on data collected and submitted to the Cabinet Sub Committee – Supreme Court mandated data collection and analysis to ensure backwardness and inadequate representation before implementing reservations in promotions [Paras 1-18].

Constitutional Amendments and State Policies – Examination of Himachal Pradesh’s policy on reservations in promotions post 77th and 85th Constitutional Amendments – Court highlighted previous rulings, necessitating compliance with Article 335 and efficiency in administration – Affirmed the need for the State to make policy decisions based on quantifiable data [Paras 7-16].

Mandamus for Policy Implementation – Court noted the distinction between issuing mandamus for adopting new policies and enforcing existing policies – Directed Himachal Pradesh to implement its existing decision on reservations in promotions based on available data, ensuring compliance with constitutional requirements [Paras 28-35].

Decision:

Interlocutory application allowed – State of Himachal Pradesh directed to take final decision on reservation in promotions within three months based on existing data – Restrained State from making any promotions until final decision is taken.