Union Carbide Corpn. Vs. Union Of India & Anr.etc.etc.
EmailAppeal: I.A.Nos. 1-3 Of 1989 (In C.A.Nos. 3187-88 Of 1988)
Petitioner: Union Carbide Corpn.
Respondent: Union Of India & Anr.etc.etc.
Apeal: I.A.Nos. 1-3 Of 1989 (In C.A.Nos. 3187-88 Of 1988)
Judges: CJI, RANGANATH MISRA, K.N. SINGH, M.N. VENKATACHALIAH & N.D. OJHA, JJ.
Date of Judgment: Mar 13, 1990
Head Note:
INTERIM RELIEF
Constitution of India
Article 32 – Interim Relief – Amount ordered, vide interim or-ders, to be paid till commencement of payment as per decision of Government of India – Amount ordered by Court, if larger in case of family, than the Government decision, larger amount to be paid – Amount of Rs 500/- per month not to be altered by Government decision to pay Rs 200/- per person, per month for 3 years – Orders of payment of lump-sum of Rs 3000/- and Rs 1000/- to be discontinued – No recovery or adjustment of said amount.
JUDGEMENT:
O R D E R
Having heard the learned Attorney-General of India, and in view of the affidavit of Satish Swarup Gupta verified on 12th March, 1990 it is directed to be recorded as follows:-
1. The payment of Rs. 750/- per month directed to be paid pursuant to the order dated 21.4.1989 of this Court will be continued to be paid untill the commencement of the payment of a sum of Rs.200/- per month, per person in accordance with the decision of the Government in the matter of interim relief. In case the amount ordered by the order dated 21.4.1989 is larger than the amount stipulated by Government decision as aforesaid in respect of any family, the payment will continue to be made in accordance with the earlier order dated 21.4.1989.
2. The sum of Rs.500/- per month, directed to be paid pursuant to the order dated 28.4.1989 will be continued to be paid and will not be altered on account of the Government’s decision to pay interim relief of Rs.200/- per month, per person and will continue to be paid at the same rate. This payment will continue to be made for three years or untill further orders of this Court.
The payments made will be adjusted only against payments made to those persons who are ultimately found to be entitled and have actually received the same.
The sum of Rs. 500/- per month, pursuant to the order dated 28.4.1989 will be continued to be paid over and above the main-tenance of Rs.200/- as interim relief as contemplated in clause (1) of the aforesaid.
3. Persons who have been paid Rs. 3,000/- lump sum pursuant to the order dated 28.4.1989 will also be covered by the Gover-nment’s decision to grant interim relief. No recovery or adjust-ment will be made in respect of Rs.3000/- lump sum already paid to these persons. Further categorisation for the payment of Installment of Rs.3000/- lump sum will now be discontinued in view of the aforesaid Government decision. No further categorisa-tion for the purpose of interim relief only granted by this order need be done.
4. Persons who have been paid Rs. 1,000/- lump sum, pursuant to the order dated 25.8.1989 of this court will also be covered by the Government ‘s decision to grant interim relief. No recovery or adjustment will be made in respect of Rs.1,000/- lump sum already paid to these persons. Further categorisation for the payment of the installment of Rs.1,000/- lump sum will now also be discontinued in view of the aforesaid decision.
Other categorisation as directed by our order dated 25.08.1989 will, however, continue subject to further order of this Court.
Having heard the learned Attorney-General of India, and in view of the affidavit of Satish Swarup Gupta verified on 12th March, 1990 it is directed to be recorded as follows:-
1. The payment of Rs. 750/- per month directed to be paid pursuant to the order dated 21.4.1989 of this Court will be continued to be paid untill the commencement of the payment of a sum of Rs.200/- per month, per person in accordance with the decision of the Government in the matter of interim relief. In case the amount ordered by the order dated 21.4.1989 is larger than the amount stipulated by Government decision as aforesaid in respect of any family, the payment will continue to be made in accordance with the earlier order dated 21.4.1989.
2. The sum of Rs.500/- per month, directed to be paid pursuant to the order dated 28.4.1989 will be continued to be paid and will not be altered on account of the Government’s decision to pay interim relief of Rs.200/- per month, per person and will continue to be paid at the same rate. This payment will continue to be made for three years or untill further orders of this Court.
The payments made will be adjusted only against payments made to those persons who are ultimately found to be entitled and have actually received the same.
The sum of Rs. 500/- per month, pursuant to the order dated 28.4.1989 will be continued to be paid over and above the main-tenance of Rs.200/- as interim relief as contemplated in clause (1) of the aforesaid.
3. Persons who have been paid Rs. 3,000/- lump sum pursuant to the order dated 28.4.1989 will also be covered by the Gover-nment’s decision to grant interim relief. No recovery or adjust-ment will be made in respect of Rs.3000/- lump sum already paid to these persons. Further categorisation for the payment of Installment of Rs.3000/- lump sum will now be discontinued in view of the aforesaid Government decision. No further categorisa-tion for the purpose of interim relief only granted by this order need be done.
4. Persons who have been paid Rs. 1,000/- lump sum, pursuant to the order dated 25.8.1989 of this court will also be covered by the Government ‘s decision to grant interim relief. No recovery or adjustment will be made in respect of Rs.1,000/- lump sum already paid to these persons. Further categorisation for the payment of the installment of Rs.1,000/- lump sum will now also be discontinued in view of the aforesaid decision.
Other categorisation as directed by our order dated 25.08.1989 will, however, continue subject to further order of this Court.
