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PETITIONER: U.P. STATE MINERAL DEVELOPMENT CORPORATION LTD. & ANR. ETC.

       Vs.

RESPONDENT: VIJAY KUMAR UPADHAYAY & ANR. ETC.

DATE OF JUDGMENT:       17/01/1997

BENCH: K. RAMASWAMY, S. SAGHIR AHMAD

ACT:

HEADNOTE:

JUDGMENT:                           W I T H              CIVIL APPEAL NOS. 451-455 OF 1997  (Arising out of SLP (C) Nos. 17404, 20099, 20100-20100A/93                         and 8998/96)                          O R D E R      Leave granted.      We heard learned counsel for the parties.      Admittedly, the  respondents came to be appointed on ad hoc basis  pursuant to  writ petition  fild earlier  by many others. The  High Court  by its  judgment dated  4.2.1991 in Writ Petition No 295337/90 had allowed the writ petition and set  aside  the  order  of  the  retrenchment  and  directed regularisation of  their services.  Some of the respondents, admittedly, are  senior to  those who had the benefit of the order of regularisation as confirmed by this Court as on May 10, 1991.  Consequently, following the earlier judgment, the High Court  in the impugned order allowed the writ petitions with similar  directions. Thus,  these  appeals  by  special leave have been filed.      In view  of the  fact that  the earlier  orders of this Court have  become final,  the respondent  are  entitled  to regularisation of  their services.  The learned  counsel for the  appellants   has  brought  of  our  notice  that  since subsequently there was a development after the orders passed by this  Court, namely, some of the establishments have been handed to  the private  sector and  some of  them are in the process of  being wound up, the orders passed earlier by the High Court  as confirmed by this Court and the present order would cause hardship to the appellant-Corporation. We do not think that  we  can  go  into  that  aspect  of  the  matter particularly, when  the order  in  favour  of  some  of  the employees has  attained finality. Similarly, the respondents are entitled to the some benefit.      However, if  there is any difficulty in working out, it will be  open to  the Corporation  to convene  a tri partite meeting consisting  of workers’,  Union, One of the officers of Labour  Department  and  an  officer  of  the  appellant- Corporation would  thrash out  the problems and arrive at an amicable settlement  to  diffuse  and  sort  out  the  above difficulty.

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    The appeals  are  accordingly dismissed. In view of the above directions,  the  direction  for  view  of  the  above directions, the  direction for  contempt issued  by the high Court  may   not  be   enforced.  However,   the  appellant- Corporation shall  regularise their  service and  it will be subject to the suggestions made hereinbefore. No costs.