Allahabad High Court
Bhagwan Singh And 18 Others vs Shri Sudhir Kumar Agarwal, ... on 11 April, 2014
Bench: Ran Vijai Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 40
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5143 of 2013
Applicant :- Bhagwan Singh And 18 Others
Opposite Party :- Shri Sudhir Kumar Agarwal, Diretor Cetral Institute & 2 Ors
Counsel for Applicant :- M.B. Yadav,Ravi Shanker Pathak
Counsel for Opposite Party :- S.C.,N.P.Singh
Hon'ble Ran Vijai Singh,J.
This contempt application has been filed for punishing the opposite parties for willful disobedience of the order dated 30.5.2013 passed by this Court in Writ Petition No. 9267 of 1997 (Central Institute of Research on Goats vs. President Officer (CGIT) and another) and the award dated 26.6.1996 passed by the Presiding Officer, (C.G.J.I) Labour Court, Pandu Nagar,Kanpur in I.D. No. 175 of 1991.
A preliminary objection has been raised by Sri .N.P.Singh, learned counsel for the opposite party that against the order of dismissal of the writ petition contempt application would not be maintainable. His further objection is that there is specific provision under the Industrial Disputes Act for execution of the award and instead of getting execution of the award under the I.D. Act, the remedy under Contempt of Court Act cannot be availed.
Sri Singh has further contended by inviting attention of the Court towards the letter issued by the Secretary of the Union, i.e. Uttar Pradesh Kisan Khetihar Mazdoor Congress, Agra thorough whom industrial dispute was raised, and the award was rendered by the Tribunal, requiring the applicants to approach his office so that their names may be forwarded for necessary follow up action
Refuting the submission of Sri N.P.Singh, learned counsel for the applicant, Sri D.P.Singh, learned senior counsel has invited the attention of the Court towards the averments made in paragraph 11 of the counter affidavit filed by the opposite party wherein it is stated that the deponent of the affidavit Sri Sudhir Kumar Agarwal, Director, Central Institute for Research on Goats, Makdoom P.O. Farah District Mathura is ready to implement the award subject to completion of codal formalities as per the I.D.Act and the Rules. What are the codal formalities that has not been disclosed.
In rejoinder affidavit some allegations have been made against the Secretary of the Union.
Prima facie, it cannot be said that there is no substance in the submission of Sri N.P.Singh with regard to the maintainability of the contempt application but considering the facts this is a case of Class III and Class IV employees where final award was given in the year 1996, the opposite party contested the matter upoto this Court and lost. It is not a case of the opposite party that either the order of this Court has been challenged before the Apex Court or there is any interim order not to implement the award, therefore, without going into legal nicetiesof the matter as has been advanced by Sri N.P.Singh it is desirable that the opposite party may give a fresh look to the matter and find out the solution by filing a fresh affidavit within a period of two weeks from the date of production of a certified copy of the order of this Court before him and file a fresh affidavit. Sri N.P.Singh is also directed communicate this order to the opposite party.
List on 12th May, 2014. Learned counsel for the applicant is at liberty to make a mention on that date.
Order Date :- 11.4.2014
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