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CASE NO.: Appeal (civil)  66-71 of 2008

PETITIONER: PRINCIPAL SECY.,TRAINING & EMP.DEPTT

RESPONDENT: VIRENDER SINGH KHATRI & ORS

DATE OF JUDGMENT: 04/01/2008

BENCH: P.P. NAOLEKAR & LOKESHWAR SINGH PANTA

JUDGMENT: JUDGMENT                                   O R D E R

       CIVIL APPEAL Nos.66-71  OF 2008 [Arising out of SLP(C)Nos.943-948 of 2005]

       Leave granted.         The learned Single Judge has passed the following order at the interim stage of the  pendency of  the writ petition:         "...Now, the Kumtron Ltd. is wound up.  Therefore, Secretry,  Training & Employment is directed to ensure that the petitioners  are suitably appointed as per their qualifications and availability  of the vacancy according to a seniority list prepared by him of  the employees whose services have been terminated on account  of winding up of the Kumtron Ltd.  First Progress report relating  to the appointment of the petitioners and others shall be  submitted by the learned Standing Counsel within a month from  today..." When the appeal was preferred by the State  before the  Division  

                                                       -2- Bench of the High Court of Uttaranchal, the Division Bench has taken it only to be an interi m  order justifiable on the basis of the letter dated 17/4/1998.   The letter dated 17/4/1998 h as only  assured that at the time of the new recruitment, the employees of the Kumtron Ltd. Bageshwar ,  (U.P.) may be considered for the employment.   The letter nowhere assures that the employmen t  shall be given as  right to the employees of Kumtron Ltd., Bageshar, U.P.   The tenor of the  order  passed by the learned Single Judge is to the effect that the respondents are required to giv e  employment to the workmen whose services have been terminated.   The matter is yet to be  adjudicated in writ petition pending in the High Court of Uttaranchal.   That being the case , the  Division Bench of the High Court has committed an error in treating the order of the learned   Single Judge is of interim nature.   The order of the Division Bench and that of the learned  Single  Judge are set aside.   The appellant herein shall submit his reply in the writ petition   an d also  reply to the stay application and the learned Single Judge shall pass fresh order  on  the    stay  application  after  hearing  the parties in

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                                               -3- accordance with law.         The appeals stand disposed of.         No costs.