Criminal bench allowed this intra-court appeal by the Union of India, setting aside a single judge's order that had quashed the respondent's dis-empanelment. The Court held that the 2007 Guidelines, which barred only current employment, applied retrospectively to existing companies despite the 2013 guidelines' stricter rules.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR
Allowed, subject to all just exceptions.
LPA No.357/2018 & CM No.26475/2018(Delay)
This intra court appeal filed under Clause X of the Letters Patent Act, is belated and delayed by 111 days. Accordingly, CM No. 26475/2018 for condonation of delay has been filed. However, before issuing notice on the said application, we deem it appropriate to consider the appeal and issue on merits.
having "union free captive transport organizations" in coal subsidiaries and providing re-employment to rehabilitate exservicemen in civilian life.
“Eligibility
2. The eligibility criteria for various compliments of the exservicemen Coal Transport Companies to be sponsored to the coal subsidiaries are as under:
XXXX XXXX XXXX XXXX (e) Miscellaneous Instructions XXXX XXXX XXXX XXXX
(iv)All ESM associated with ESM Coal Transport Company must have exemplary character should not have been disqualified/debarred from employment/self employment from DGR and should not be currently employed/self employed.”
(emphasis
supplied)
As per said eligibility norm the applicant should not have been currently employed or self employed on the date of making the application to the DGR.
2013 had expressly provided that "Existing ESM Companies will continue to be governed by the previous MoU dated 16.04.1999". 10. Paragraph 2 of the 2013 Guidelines on eligibility was also changed and the new stipulation reads as under:
“2. Eligibility : The eligibility criteria for various categories of the ex-serviceman (ESM) associated with the Coal Transport Companies are as under:
(iii) At the time of sponsorship of the ESM Company and there after all through the tenure as Director of the company the Director is not to be employed/self employed or hold any position of profit in any institution other than that of the ESM Company.”
The new eligibility norm regarding employment/self employment in the 2013 Guidelines is substantially and materially different from the eligibility norm in the 2007 Guidelines. 2013 Guidelines state and mandate that at the time of sponsorship and throughout the tenure every director of the ESM Company cannot be employed/self employed or hold any position of profit in any other institution. 2007 Guidelines, as noticed above, had stated that applicant ex-serviceman should not be currently employed/self employed.
in ESM Coal Companies to submit AS-26 form/certificates in June each year, with the aim and objective of verifying their employment/selfemployment status.
the scheme.
SANJIV KHANNA, J
CHANDER SHEKHAR, J
JULY 09, 2018/tp
2 issues framed by the court
Whether the 2007 Guidelines regarding dual employment for ex-servicemen companies were applicable to an existing empanelled company after the 2013 MoU.
Whether the single judge's order setting aside the dis-empanelment order was sustainable on reading of the 2013 MoU saving clause.
Union of India & Ors.
Lt Col Hawa Singh Jattayan (Rtd)
Sanjiv Khanna
Chander Shekhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
