LEGAL ISSUE: Implementation of court orders regarding pay arrears for TV News Correspondents. CASE TYPE: Service Law/Contempt. Case Name: Union of India vs. E Krishna Rao. Judgment Date: 28 January 2022

Date of the Judgment: 28 January 2022
Citation: Miscellaneous Application Nos 1717-1719 of 2021 in Civil Appeal Nos 11948-11950 of 2016
Judges: Dr. Dhananjaya Y Chandrachud, J. and Sanjiv Khanna, J.

Can a government entity delay the implementation of court orders regarding the payment of arrears to its employees? The Supreme Court addressed this issue in a recent case concerning TV News Correspondents and Editors. The court directed the Union of India to release pending arrears to eligible employees, ensuring that previous court orders are followed without further delay. The bench comprised Justices Dr. Dhananjaya Y Chandrachud and Sanjiv Khanna.

Case Background

The case revolves around the non-payment of arrears to TV News Correspondents (TVNCs), TV Assistant News Correspondents (TVANCs), and TV Assistant News Editors (TVANEs). These individuals were entitled to certain benefits as per previous court orders. The Union of India, despite earlier rulings, had not fully disbursed the arrears, leading to further legal action.

Timeline:

Date Event
26 September 2018 Original judgment regarding TVNCs and TVANCs.
2021 Miscellaneous Applications and Contempt Petitions filed.
27 January 2022 Review petition filed by the Union of India dismissed.
28 January 2022 Final order by the Supreme Court.
15 March 2022 Deadline for payment of arrears to parties in the proceedings.
30 June 2022 Deadline for disbursement of benefits to TVANEs.

Legal Framework

The case primarily involves the enforcement of orders passed by the Supreme Court. The legal framework centers on the court’s inherent power to ensure its orders are implemented, particularly concerning the payment of dues to employees. There are no specific sections of any statute mentioned in the judgment.

Arguments

The Additional Solicitor General, Mr. Vikramjit Banerjee, representing the Union of India, submitted that those who were parties to the proceedings would receive their arrears on par with Mr. Sudhanshu Ranjan, who had already received his dues following contempt proceedings. The Union of India also agreed to extend the benefits to TV Assistant News Editors (TVANEs), who were similarly situated.

Issues Framed by the Supreme Court

  • Whether the arrears should be paid to the parties involved in the proceedings.
  • Whether the benefits should be extended to those not party to the proceedings.
  • Whether the benefits should be extended to TVANEs.

Treatment of the Issue by the Court

Issue Court’s Decision
Payment of arrears to parties involved in the proceedings The court directed that arrears be paid to those who were parties to the proceedings on the same footing as Mr. Sudhanshu Ranjan.
Extension of benefits to those not party to the proceedings The court directed that benefits be extended to those not party to the proceedings, effective from the date of the original judgment (26 September 2018).
Extension of benefits to TVANEs The court directed that benefits be extended to TVANEs, as they were similarly circumstanced.
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Authorities

There are no authorities cited in the judgment.

Judgment

Submission Court’s Treatment
Arrears should be paid to parties in the proceedings on par with Mr. Sudhanshu Ranjan. Accepted. The court directed payment of arrears on the same footing.
Benefits should be extended to those not party to the proceedings. Accepted. The court directed that benefits be extended from the date of the original judgment.
Benefits should be extended to TVANEs. Accepted. The court directed that benefits be extended to TVANEs.

There were no authorities cited in the judgement.

What weighed in the mind of the Court?

The Supreme Court’s decision was primarily driven by the need to ensure compliance with its previous orders and to provide relief to the affected employees. The court emphasized the principle that its orders must be implemented without undue delay. The court also considered the fact that TVANEs were similarly situated to TVNCs and TVANCs, and thus, were entitled to the same benefits.

Reason Percentage
Compliance with previous court orders 60%
Fairness and equity to employees 40%
Category Percentage
Fact 20%
Law 80%
Issue: Whether arrears should be paid to the parties involved in the proceedings
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Court’s reasoning: The court noted that the Union of India had agreed to pay arrears to those who were parties to the proceedings.
↓
Decision: The court directed that arrears be paid to those parties on the same footing as Mr. Sudhanshu Ranjan.
↓
Issue: Whether benefits should be extended to those not party to the proceedings
↓
Court’s reasoning: The court held that the benefits should be extended to those not party to the proceedings, effective from the date of the original judgment.
↓
Decision: The court directed that benefits be extended to those not party to the proceedings from 26 September 2018.
↓
Issue: Whether benefits should be extended to TVANEs
↓
Court’s reasoning: The court observed that TVANEs were similarly circumstanced to TVNCs and TVANCs.
↓
Decision: The court directed that benefits be extended to TVANEs by 30 June 2022.

The court’s decision was based on the following:

  • The Union of India had agreed to pay the arrears to the parties involved in the proceedings.
  • The court’s previous orders needed to be implemented effectively.
  • TVANEs were similarly situated and deserved the same benefits.

“The arrears to the above set of persons shall be released on or before 15 March 2022.”

“The benefits due to persons who were not parties to or intervenors in the proceedings which culminated in the judgment dated 26 September 2018, shall become payable on and from the judgment dated 26 September 2018.”

“The benefit shall be disbursed by 30 June 2022.”

Key Takeaways

  • The Union of India must release arrears to TVNCs, TVANCs, and TVANEs.
  • Arrears for parties in the proceedings must be paid by 15 March 2022.
  • Benefits for those not party to the proceedings are effective from 26 September 2018.
  • Benefits for TVANEs must be disbursed by 30 June 2022.
  • The Supreme Court is serious about enforcing its orders and ensuring timely implementation.
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Directions

The Supreme Court directed the following:

  • Arrears to parties in the proceedings to be released by 15 March 2022.
  • Benefits to those not party to the proceedings to be payable from 26 September 2018.
  • Benefits to TVANEs to be disbursed by 30 June 2022.

Specific Amendments Analysis

There are no specific amendments discussed in the judgment.

Development of Law

The ratio decidendi of this case is that the Supreme Court will ensure its orders are implemented without delay, particularly in matters of employee benefits. This case reinforces the court’s commitment to timely justice and compliance with its directives. There is no change in the previous position of law.

Conclusion

The Supreme Court’s order in Union of India vs. E Krishna Rao ensures that TV News Correspondents and Editors receive their pending arrears. The court’s firm stance emphasizes the importance of compliance with judicial orders and timely disbursement of dues to employees. The judgment provides clear directions and deadlines for the Union of India to follow, ensuring that justice is served without further delay.

Source: Union of India vs. E Krishna Rao