STATE PETROLEUM REFINERY PETRO CHEMICAL CORPORATION LTD. and others
This matter originated from a dispute regarding the dismissal of an employee, which had previously been adjudicated. Upon reaching the Supreme Court, the parties reached a consensus to resolve the controversy through the appropriate forum. Specifically, in light of the insertion of Section 2-A into the Service Tribunals Act, 1973, which expanded the jurisdiction of the Service Tribunal to include employees of corporations, the parties agreed that the respondent should approach the Service Tribunal directly to challenge the dismissal order. The Supreme Court, accepting this joint statement, set aside the impugned judgment. The Court directed that the respondent may file an appeal before the Service Tribunal, accompanied by an application for condonation of delay, which the Tribunal was instructed to consider sympathetically. The Court further ordered that the Service Tribunal decide the appeal in accordance with the law, uninfluenced by any prior findings or observations contained in the set-aside judgment. The parties were granted liberty to raise all available legal pleas, and the petition was disposed of accordingly without any order as to costs.
- Does the insertion of Section 2-A in the Service Tribunals Act 1973 allow for an appeal against dismissal for employees of corporations?
- Can a court set aside an impugned judgment based on a joint statement of the parties to refer the matter to a Service Tribunal?
- Should an application for condonation of delay be considered sympathetically when a matter is referred to a Service Tribunal following a change in statutory jurisdiction?
- Section 2-A, Service Tribunals Act 1973
ORDER
1. After arguing the matter at some length learned counsel for the parties has filed a joint statement which reads as under:-- "The parties agree that the matter may be referred to Service Tribunal to be decided within a period of five months."
2. ' In view of the addition of section 2-A in Service Tribunals Act, 1973, the parties agreed that the respondents may file an appeal before Service Tribunal against the order of his dismissal from service alongwith an application for condonation of delay which application be considered sympathetically.
3. ' The impugned judgment, in view of the agreed arrangements, is set aside. The Service appeal shall be decided in accordance with law without being influenced from any finding or observation recorded in the impugned judgment. The parties will be at liberty to take all the pleas available to them under law. The appeal stands disposed of accordingly. No order as to costs.