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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

I.A.NO. 5/2017 IN & CIVIL APPEAL NO(S).  2811/2016 HARYANA STATE SMALL INDUSTRIES AND EXPORT  CORPORATION LIMITED & ANR   APPELLANT(S)

                               VERSUS RANBIR SINGH & ORS.                        RESPONDENT(S)

J U D G M E N T KURIAN, J.

Civil Appeal No. 2811/2016 is taken on the Board. 2. Leave granted. 3. The only short question involved in this appeal is,  whether the  five employees  referred to  in the appeal are actually surplus and if so, whether they are entitled for the benefits under the ACP Scheme. 4. In the peculiar facts of this case, we find that these five employees have been retained pursuant to the directions issued by the Court.  Therefore, we are  of  the  view  that  they  stand  on  a  different footing and on facts they are not to be treated as surplus.  Therefore, they are entitled to the ACP. 5. In  that  view  of  the  matter,  we  dismiss  this appeal, however, making it clear that this judgment is only in the peculiar facts of this case.  We grant a period of two months to the appellants to comply with this judgment making it further clear that in case the benefits are not disbursed to the employees in two months, they will be entitled to interest at the  rate  of  18%  per  annum  and  the  officers responsible for the delay will be personally liable for the same. 6. I.A. No.5 of 2017 is also disposed of. 7. Pending  applications,  if  any,  shall  stand

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disposed of. 8. There shall be no orders as to costs.

.......................J.               [KURIAN JOSEPH]  

.......................J.               [R. BANUMATHI]  

NEW DELHI; APRIL 24, 2017.