2008 (1) TMI 268

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....the Union of India (and accepted by the Supreme Court) that the interim order passed by this Court was incorrect particularly when an important question of law regarding jurisdiction of the Settlement Commissioner (sic) was involved in the pending writ petition filed by the Department. 3. Accepting this contention, the Supreme Court modified the interim order and also requested this Court by an order dated 11th May, 2007 [2007 (213) E.L.T. 338 (S.C.)] to expeditiously hear and dispose of this writ petition preferably within six months. Thereafter, the matter was listed before this Court on 27th July, 2007 and the Bench which had passed the interim order on 19th December, 2006 directed the writ petition to be listed before a regular Bench o....

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....On 6th November, 2007, learned Additional Solicitor General appearing for the Union of India stated that 'the petitioners in this case do not have a strong case on the issue with regard to the jurisdiction of the Settlement Commission to entertain the settlement petition.' This submission, it may be noted, was completely contrary to what was stated before the Supreme Court and accepted by the Supreme Court, namely, that an important question of law regarding the jurisdiction of the Settlement Commission was involved in the writ petition. 9. Learned Additional Solicitor General, however, stated on that day that he would like to press the petition on merits. 10. It was noted by the Division Bench that the Petitioner had still not filed the ....