(Ashok Bhushan and Sanjiv Khanna, JJ.)
Telangana Power Generation Corporation Ltd. (TSGENCO) ________________________________________________ Petitioner;
v.
Andhra Pradesh Power Generation Corporation Ltd. and Others _____________________________________________ Respondent(s).
Miscellaneous Application No. 920/2020 in Civil Appeal No. 11435/2018, decided on May 1, 2020
With
Diary No(s). 11057/2020
Miscellaneous Application No. 920/2020; Civil Appeal No. 11435/2018; and Diary No(s). 11057/2020
The Order of the court was delivered by
Order
Miscellaneous Application No(s). 920/2020
1. We have heard Mr. V. Giri, learned senior counsel appearing for the applicant. The applicant has prayed for clarification of the order dated 08.04.20201 passed in M.A. No. 915/2020 in M.A. No. 60/2020 in Civil Appeal No. 11435/2018.
2. Mr. V. Giri, learned senior counsel submits that 584 employees, with regard to which interim order has been passed by this Court, are not part of the total number which were to be allocated. He submits that the objections already filed by Telangana Power Utilities have not yet been considered and the applicant cannot continue to discharge the financial liability for months together. In the last para of the order dated 08.04.20201, it has been observed as under:
“We further clarify that the interim protection is being issued today shall not prejudice any of the rights of Telangana Power Utilities to press their objections with regard to 584 employees which they have already represented to Justice D.M. Dharmadhikari. This order shall not preclude the objections to be considered in accordance with law by One Man Committee and this direction shall be subject to any final decision taken by One Man Committee by any specific report.”
3. The above observation amply protects the interest of the applicant. The objections with regard to 584 employees were to be considered by Justice D.M. Dharmadhikari (Retd.) – One Man Committee. It is open for the applicant to request One Member Committee to take up the objection and take a decision on an early date after hearing all affected persons. We only observe that the objections of the applicant as well as of all other claimants with regard to 584 employees including any objection by Andhra Pradesh Power Utilities shall also be considered. We do not find justification for issuing any clarification or passing any further order.
4. The miscellaneous application is closed with the above observation.
Diary No(s). 11057/2020
5. We have already passed an order on 08.04.20201 on an application submitted by One Member Committee. The application for clarification of order dated 08.04.20201 filed by Telengana Power Generation Corporation has been disposed1 of by a separate order of the date. Learned counsel appearing for Telengana Power Generation Corporation submits that the Corporation was awaiting the order of this Court on the clarification application which has been considered today. Steps shall be taken to make the payment of salary and compliance of the order within a period of one week.
6. In view of the above, no further order is required. The parties are to act as per order dated 08.04.20201.
7. The miscellaneous application stands disposed of.
8. Pending applications stand disposed of.
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1 Telangana Power Generation Corpn. Ltd. v. A.P. Power Generation Corpn. Ltd., Misc. Application No. 915 of 2020 in Civil Appeal No. 11435 of 2018, order dated 8-4-2020 (SC)
