Concession made by a party in Court – Recall application against order passed based on such concession rightly rejected – Recall permissible in case of fraud or deception – Impugned judgment upheld – Appeals dismissed:
Held: Sports Authority of India, the Appellant, challenged an order of the Central Administrative Tribunal directing the Respondents to be considered as ‘Initial Constituent’ under the 2022 Recruitment Rules before the High Court – During the hearing, counsel for the Appellant said it would not like to press the petition on merits, and prayed for time to comply with the Tribunal’s directions – Writ petition disposed of by High Court as per request – Appellant did not consider Respondents as ‘initial constituents’ as directed – Instead filed two recall applications against the High Court’s order – Only ground taken by Appellant’s counsel was that it had misunderstood the Tribunal’s order – No affidavit by client to say that counsel was not authorised or instructed to give a concession – Applications dismissed by High Court vide impugned judgment – Held, recall applications rightly rejected – When order has been passed on a kind of a compromise or concession given by a party, that party cannot turn back and challenge the order before a higher court, unless it is a case of fraud or deception. [Paras 9 and 10] Appointment of Respondents – Tribunal found the appointment not to be illegal but only irregular – Therefore, Respondents entitled to be considered as ‘Initial Constituents’ under 2022 recruitment rules – Held, as they are to be considered as ‘initial constituent’, they are to be treated as regular employees of Appellant – Reasoning of Tribunal correct – No merit in appeals: Held: Tribunal directed the Appellant to consider the Respondents as ‘initial constituent” under the 2022 Recruitment Rules after observing that their appointment was not illegal, but only irregular – There is provision under the recruitment rules to consider them as ‘Initial Constituents’ – Reasoning of Tribunal correct – Once an employee is considered as an ‘Initial Constituent’ of Appellant, no longer to be treated as a contractual employee but as a regular employee – Concession regarding their status as ‘Initial Constituents’ already been made by Appellant before the High Court – No merit in appeals. [Paras 11, 12 and 13]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Adeeba Mujahid, Hony. Associate Editor (Verified by: Shibani Ghosh, Adv.). Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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