Allahabad High Court
Anil Kumar Gupta And 3 Others vs Vinod Kumar Kanojia, General ... on 1 August, 2019
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4748 of 2019
Applicant :- Anil Kumar Gupta And 3 Others
Opposite Party :- Vinod Kumar Kanojia, General Manager( Pradhan Prabandhak ) And Another
Counsel for Applicant :- Tiwari Abhishek Rajesh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 19.04.2019 passed in Writ Petition No.24603 of 2018 (Anil Kumar Gupta & Ors. v. State of U.P. & Ors.), the operative portion of which for ready reference is quoted as under:-
"..............24. In view of the above, the order dated 24.9.2018 passed by respondent no.2 is quashed. Respondents are directed to treat the petitioner as permanent employee w.e.f. August, 1991 and pay all the consequential service benefit accruing to them within three months from the date of production of a certified copy of this order before respondent no.4, the General Manager, Kishan Sahkari Chini Mills Ltd., Ghosi Mau.
25. The writ petition is allowed. No order as to cost."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have wilfully not complied with the order and, thus, have committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite parties to comply with the aforesaid order of the Court within one month from the date of production of a certified copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self-addressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant of the order through the self-addressed envelop within a week, thereafter.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite parties within the stipulated time as aforementioned.
Order Date :- 1.8.2019
SP/
