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by Admin
07 May 2024 2:49 AM
In a recent decision, the Supreme Court of India invoked its "Extraordinary Jurisdiction under Article 142 of the Constitution of India" to resolve a protracted labor dispute case. The apex court passed the order in a civil appeal between Maharashtra State Electricity Transmission Company Limited (Appellant) and Vasant Kisanrao Deshpande & Others (Respondents).
Hon'ble Mr. Justice Abhay S. Oka and Hon'ble Mr. Justice Pankaj Mithal presided over the case, expressing concern over the "classic case which shows that Judicial delays lead to a situation where this Court is compelled to find a solution."
The case involved the dismissal of service of the first respondent, Vasant Kisanrao Deshpande, in June 2001. Deshpande had filed a complaint before the Labour Court at Aurangabad, which led to a 14-year-long judicial battle. The Labour Court had initially ordered his reinstatement with back wages. Further appeals and revisions led to an order of remand from the Industrial Court and subsequent confirmation by the High Court.
Adding a layer of complexity, the court noted that Deshpande had reached the age of superannuation in December 2006. The justices found it "very difficult to imagine when the main litigation...will come to an end" and noted the burden of ongoing litigation costs on both parties.
In a move to put "an end to the non-ending litigation," the bench exercised its powers under Article 142 of the Constitution of India. It directed the appellant company to pay a lump sum of Rs. 10,00,000 (Rupees ten lakhs) to Deshpande within a period of two months.
The decision has been hailed as a pragmatic approach to tackle judicial delays and pendency, with the court taking a decisive stand to close a case that had dragged on for over two decades. This judgment is expected to set a precedent for similar cases mired in judicial backlog.
Date of Decision: October 20, 2023
MAHARASHTRA STATE ELECTRICITY TRANSMISSION COMPANY LIMITED vs VASANT KISANRAO DESHPANDE & ORS.
