The Complete Supreme Court Annual Digest- 2023 [Part-XII]

Information RTI Act will become 'dead letter': Supreme Court directs States, Union to fill vacancies in Information Commissions. Anjali Bhardwaj v. Union of India, 2023 LiveLaw (SC) 942 'Ensure public authorities follow the mandate of Section 4 RTI Act': Supreme Court directs Central / State Information Commissioners. Kishan Chand Jain v. Union of India, 2023 LiveLaw (SC) 665 : AIR 2023 SC 4001 Temporary Injunction Grant of Temporary Injunction - Principles and precedents discussed. (Para 21) Thiru K. Palaniswamy v. M Shanmugham, 2023 LiveLaw (SC) 133 : AIR 2023 SC 1253 Import CTO for enhanced production capacity issued after SC's order fixing total import limit; importer not entitled to proportionate increase in import quota. Sanvira Industries v. Rain CII Carbon (Vizag) Ltd., 2023 LiveLaw (SC) 497 : AIR 2023 SC 3091 Industrial Disputes 'After allowing workmen to work for 2 decades, management cannot challenge the award': Supreme Court allows appeal of FCI workers. FCI Executive Staff Union v. Employer, Management of FCI, 2023 LiveLaw (SC) 491 : AIR 2023 SC 3293 : (2023) 8 SCC 116 Industrial Disputes Act, 1947 Industrial Disputes Act, 1947 - Advocate cannot claim the right of legal representation - No ground to revisit the well settled position of law which has prevailed for almost half a century. ThyssenKrupp Industries India Pvt. Ltd. v. Suresh Maruti Chougule, 2023 LiveLaw (SC) 868 Industrial Disputes Act, 1947; Sections 10(1)(d), 17B and 25F - Having allowed the workmen to put in regular service to its own benefit for over two decades, the management can no longer claim an indefeasible right to continue with and canvass its challenge to the Award, merely because it made its compliance with the Award conditional long ago. In the light of their absorption in regular service, these workmen, who may have otherwise opted for employment opportunities elsewhere, altered their position and remained with the FCI. Having placed them in that position, it is no longer open to the management of FCI to seek to turn back the clock. (Para 16) FCI Executive Staff Union v. Employer, Management of FCI, 2023 LiveLaw (SC) 491 Industrial Disputes Act, 1947; S.33C(2) - U.P. Industrial Disputes Act, 1947; S.6H - The appellant–workman claimed unlawful termination of his employment (sometime in 1979) and approached the Labour Court. The Labour Court directed his reinstatement and also directed payment of back wages at the rate of ₹8000/-. The Respondent, U.P. Power Corporation, filed a writ petition which was dismissed after the High Court had kept it pending for 11 long years, on 03.01.2006. The appellant thereafter represented to the employer on several occasions, but unsuccessfully. Ultimately, he approached the Labour Court yet again for calculation of his dues. In this second round, the Labour Court by order dated 31.08.2020 calculated back wages and directed payment of ₹8000/- per month. By the impugned order of the High Court those directions were set aside. Held, the High Court could not have done what it in fact did, i.e., to set aside the second order of the Labour Court which merely calculated the amounts due and made consequential directions. The adjudication between the parties having crystallized with the award dated 22.12.1995, which was confirmed by the High Court, there was no occasion for any intervention, much less by the High Court. In these circumstances, the second award of the Labour Court is hereby restored. The respondent–U.P. Power Corporation Limited is hereby directed to pay to the appellant the sum indicated, i.e., ₹10,54,311/-, with interest @ 11% p.a. calculable from 21.09.2006 and shall also pay ₹2,00,000/- as costs. The appeal is allowed. (Para 3, 6) Phool Mohd. v. Executive Engineer, 2023 LiveLaw (SC) 736 Insolvency and Bankruptcy Code, 2016 Admitting claims after a resolution plan has been accepted by COC would make CIRP an endless process. RPS Infrastructure Ltd. v. Mukul Kumar, 2023 LiveLaw (SC) 773 : AIR 2023 SC 4197 Application under Section 12A for withdrawal of CIRP is maintainable prior to the Constitution of CoC. Abhishek Singh v. Huhtamaki Ppl Ltd., 2023 LiveLaw (SC) 250 Cannot ask successful resolution applicant to pay arrears payable by corporate debtor for grant/restoration of electricity connection. Tata Power Western Odisha Distribution Ltd. v. Jagannath Sponge Pvt. Ltd; 2023 LiveLaw (SC) 788 Cut-off date to determine the resolution applicant's eligibility under Section 240A is the date of submitting the resolution plan. Hari Babu Thota, 2023 LiveLaw (SC) 1051 Delay in filing CIRP application condonable on sufficient reasons. Sabarmati Gas Ltd. v. Shah Alloys Ltd., 2023 LiveLaw (SC) 9 : AIR 2023 SC 288 : (2023) 3 SCC 229 Date of order pronouncement & time taken to provide certified copy excluded from limitation period for appeal to NCLAT. Sanket...

The Complete Supreme Court Annual Digest- 2023 [Part-XII]

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