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Pandurang Dnyandev Hankare v. Rajshree Shahu Government Servants Co-operative Bank Ltd.

Civil Appeal · 2017 INSC 750Decided 16 Aug 2017
Civil Appeal Nos. 10518-10519 of 2017
Justice Kurian Joseph · Justice R. Banumathi

Background

The appellant challenged an interim order dated 21.07.2015 passed by the Bombay High Court in two pending writ petitions, by which the High Court had directed the Labour Court to decide the underlying dispute subject to the outcome of those writ petitions. By the time the matter reached the Supreme Court, the Labour Court had already rendered its decision, which was itself under further challenge before the High Court. The appellant's counsel argued that, pending final resolution, the respondent bank should at least be directed to pay the undisputed portion of the appellant's gratuity.

Decision Breakdown

The Supreme Court held that the appeals challenging the interim order could be disposed of by directing the High Court to decide the pending writ petitions expeditiously (preferably within six months), rather than itself ruling on the merits of the underlying service dispute. As interim relief, the Court directed the respondent bank to disburse to the appellant the gratuity payable up to 15.10.1993 within two weeks, expressly noting that this payment was without prejudice to any contentions the bank might still raise. No order as to costs was made.

Lesson Learnt

Even while a broader dispute remains pending in the High Court, the Supreme Court can step in to ensure a litigant is not denied an undisputed portion of statutory dues (like gratuity) while the larger legal question is sorted out: partial, practical relief need not wait for final adjudication of every issue.

Official source (sci.gov.in)View Judgment (PDF)

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