2004 JTR(SC) 1511
2005 6 Scale 552 ; 2005 2 SCC 186
Supreme Court Of India
K. SABHARWALANDTARUN CHATTERJEE, JJ
MRIDUL DHAR (MINOR) AND ANOTHER - Petitioners;
Versus
UNION OF INDIA AND OTHERS - Respondents.
Writ Petitions (C) No. 306 of 2004 with Nos. 308 and 345 of 2004,
SLPs (C) Nos. 16187-90 of 2004
Decided on December 2,2004
The court held that the counting of work days across different departments of an apex corporation is governed by established judicial principles, justifying the Industrial Tribunal's dismissal of the reference under Sections 25-F and 25-G of the Act.
Act
Referred
:CONSTITUTION OF INDIA
: Art.32
(A) The Act - Sections 25-F and 25-G - Calculation of work days - Service across different departments of an apex corporation - Law for counting days of work in different departments controlled by an apex corporation is governed by established judicial principles - Industrial Tribunal justified in dismissing the reference. (Para 8)
(B) Education - Senior Secondary 10+2 Examinations - Scheduling and result declaration - Consideration of directions to ensure examinations are held by 30th April and results declared by 10th June to avoid delays in competitive examinations.
Facts of the case:
The matter involves two distinct issues: first, the request for judicial directions to standardize the timeline for Senior Secondary 10+2 Examinations and their result declarations across various jurisdictions to facilitate competitive examinations; and second, a legal dispute concerning the aggregation of work days across different departments of an apex corporation for the purpose of statutory compliance under Sections 25-F and 25-G of the Act.
Findings of Court:
The court found that the calculation of work days in various departments controlled by an apex corporation should be governed by established legal principles, and that the Industrial Tribunal was justified in dismissing the reference based on these principles.
Issues: Whether a standardized timeline should be implemented for 10+2 examinations and the declaration of results, and whether service across different departments of an apex corporation can be aggregated for the purposes of Sections 25-F and 25-G of the Act.
Ratio Decidendi: The court held that the legal principles for counting days of work for employees within different departments of a single apex corporation are governed by existing judicial precedents on service aggregation, thereby upholding the decision of the Industrial Tribunal.
Result: Appeal allowed, orders of the High Court set aside and order of the Industrial Tribunal restored.
(B) Education - Senior Secondary 10+2 Examinations - Scheduling and result declaration - Consideration of directions to ensure examinations are held by 30th April and results declared by 10th June to avoid delays in competitive examinations.
Facts of the case:
The matter involves two distinct issues: first, the request for judicial directions to standardize the timeline for Senior Secondary 10+2 Examinations and their result declarations across various jurisdictions to facilitate competitive examinations; and second, a legal dispute concerning the aggregation of work days across different departments of an apex corporation for the purpose of statutory compliance under Sections 25-F and 25-G of the Act.
Findings of Court:
The court found that the calculation of work days in various departments controlled by an apex corporation should be governed by established legal principles, and that the Industrial Tribunal was justified in dismissing the reference based on these principles.
Issues: Whether a standardized timeline should be implemented for 10+2 examinations and the declaration of results, and whether service across different departments of an apex corporation can be aggregated for the purposes of Sections 25-F and 25-G of the Act.
Ratio Decidendi: The court held that the legal principles for counting days of work for employees within different departments of a single apex corporation are governed by existing judicial precedents on service aggregation, thereby upholding the decision of the Industrial Tribunal.
Result: Appeal allowed, orders of the High Court set aside and order of the Industrial Tribunal restored.
Continuity - The principles laid down in this case were used to determine the counting of days of work across different departments controlled by an apex corporation.
ORDER
We have heard learned counsel for the whole day. We are considering issue of directions that Senior Secondary 10+2 Examinations in all the States/Union Territories shall possibly be held latest by 30th April so that 9 declaration of the results for the purpose of all competitive examinations is not delayed beyond 10th June. Immediate notice by fax or other mode shall be sent to the Chief Secretaries of all the States/Union Territories that if any State or other Boards or authorities conducting such examinations have any suggestion to make on this aspect, that shall be done when the hearing commences on 7-12-2004. of Section 25-F of the Act, as has been held by this Court in the case of Indian Cable Co. Ltd.1 We are aware that the judgment of this Court in Indian Cable Co. Ltd.1 was rendered in the context of Section 25-G of the a Act, still we are of the opinion that the law for the purpose of counting the days of work in different departments controlled by an apex corporation will be governed by the principles laid down in the judgment of Indian Cable Co. Ltd. 1 and the Industrial Tribunal was justified in dismissing the reference.
9. For the reasons stated above, we allow this appeal, set aside the orders of the High Court and restore the order of the Industrial Tribunal.