STATE OF JAMMU AND KASHMIR Vs. VIJAY SINGH:PROVINCIAL POWER EMPLOYEES UNION:VIJAY SINGH
LAWS(SC)-1992-9-61
SUPREME COURT OF INDIA (FROM: JAMMU & KASHMIR)
Decided on September 02,1992

STATE OF JAMMU AND KASHMIR Appellant
VERSUS
Vijay Singh:Provincial Power Employees Union:Vijay Singh Respondents

JUDGEMENT

- (1.) Delay condoned.
(2.) The present special leave petitions are directed against interim orders passed by different learned Single Judges of the High court. State of Jammu and Kashmir has preferred letters patent appeals against those orders. The letters patent appeals are not set down for hearing or even for interim orders because we are told that one Judge or the other has passed similar orders. Counsel for the respondents, however, states that the learned chief justice and Kaul, J. have not passed any such order. Counsel for the petitioners also states that the letters patent appeals are fixed before a division bench comprising Justices B. K. Gupta and B. A. Khan and he has no objection if they hear the matters.
(3.) We would request the learned chief justice of the High court to constitute a bench, if necessary, by directing one of the Judges to move from Jammu to Srinagar or vice versa to hear the appeals, if for any other reason the learned Judges, who have passed similar orders, are reluctant to hear the appeals. We are told that the doctrine of necessity may have to be invoked in a given case, but we leave the matter to the learned chief justice. We feel that the matters require early hearing and the learned chief justice would take appropriate decision at an early date in regard to constitution of a bench for hearing the matters. In the meantime, till the matters are heard by a division bench the impugned orders will remain in abeyance unless already implemented by payment of the amount to the employees. In that case proper orders may be made in appeal. The special leave petitions are disposed of accordingly.;


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