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

I.A. 19-23 OF 2015 IN AND

CIVIL APPEAL NOS. 5085-5089 OF 2004 STATE OF U.P.                                Appellant(s)

                               VERSUS PURAN SINGH & ORS.                           Respondent(s)

J U D G M E N T

KURIAN, J. 1. The  State  approached  this  Court  challenging  the order  dated  27.03.2003  passed  by  the  High  Court  of judicature at Allahabad.  That order was passed on a challenge made by the appellant herein before the High Court on the award passed by the Labour Court, directing reinstatement  of  the  respondents-workmen  and regularisation.  However, in the impugned order, the High Court took the view that the Labour Court went wrong in directing regularisation and to that extent, the  award  was  modified.   Still  aggrieved,  the appellant-State is before this Court in these appeals.

2. During the pendency of the appeals, on a submission made by the learned counsel appearing for the workmen that  there  have  been  various  schemes  whereby  the similarly situated workmen have been regularised, this Court directed the appellant-State to consider the case

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of the respondents-workmen as well.

3. Pursuant  to  our  order  dated  23.08.2016,  the Director, Department of Sericulture has passed an order regularising the workmen.  On regularising the workmen, they have been posted to various places, according to the appellant, in the available vacancies.  It is the case  of  the  workmen  that  being  a  very  low  paid employees, it would be rather difficult to survive with such wages at around 300-400 kms away from their native places.

4. Be that as it may, the main question that is raised in  these  appeals  is  only  as  to  whether  the appellant-Department would be an 'Industry' or not, and in view of the intervening developments, we are of the view  that  there  is  no  point  in  keeping  the  appeals pending before this Court.  Therefore, the appeals are dismissed, leaving the question of law open.

5. However,  we  direct  the  Director,  Sericulture  to look into the grievances of the workmen personally and see whether the workmen can be accommodated in places which are near to their residences.  The Director shall pass the required orders within one month from today.

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6. Pending interlocutory applications, if any, stand disposed of.          No costs.    

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

.......................J.               [ A. M. KHANWILKAR ]  

New Delhi; February 06, 2017.