Shiv Kumar Tripathi vs Shri Lal Bachha Jha,Presentaly ...
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HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 371 of 2022
 

 
Applicant :- Shiv Kumar Tripathi
 
Opposite Party :- Shri Lal Bachha Jha,Presentaly Posted As Regional Manager ,Central Bank Of India
 
Counsel for Applicant :- Jainendra Pandey
 

 
Hon'ble Rohit Ranjan Agarwal,J.

An exemption application for exempting the personal appearance of opposite party along with affidavit of compliance has been filed today, which are taken on record. The exemption application is allowed.

Heard Sri Jainendra Pandey, learned counsel for the applicant.

This contempt application under Section 12 of Contempt of Courts Act has been filed for wilfully disobeying the order of special appellate court dated 23.08.2005 passed in Special Appeal No. 199 of 2004 (S/B) (Central Bank of India vs. Shiv Kumar Tripathi). The special appellate court while passing the order dated 23.08.2005 held as under:-

"If, however the payment as ordered is not made punctually on the above basis, the writ petitioner will be entitled a to 100% arrears salary from the beginning i.e. from 1986 onwards. At the time of making payment, if those are made punctually, the bank will calculation on the basis of 50% arrears until 18.1.2004 and 100% until 31.1.2004 but if the payment is not punctually made the calculation shall be 100% from 1986 until the end of period.

We are also of the opinion that the attitude of the bank has all through been wrongful, and as such the Bank should bear the costs of the writ petitioper both in the court below and before us and we assess such costs leniently at Rs.10,000/-. Such costs paid within a fortnight also.

The appeal stand disposed of accordingly."

The applicant filed Criminal Misc. Case No. 2209 of 2005 (Civil Contempt) before Lucknow Bench of this Court. The Court on 09.04.2008 found that the order of special appellate court has been substantially complied with and contempt notices were discharged and the proceedings were dropped. The Court has held as under:-

"In view of the aforesaid, this court is of the opinion that substantial compliance of the order of the appellate court has now been made by the opposite parties. Consequently notices are discharged. Contempt proceedings are dropped and the contempt petition is dismissed.

It is however, clarified that in the event the applicant is still aggrieved by the wrong calculation of the arrears of salary as indicated by the judgment of the appellate Court dated 23.8.2005, it would be open to the applicant to raise an industrial dispute under the Industrial Disputes Act."

This contempt application is a second contempt application against the same order dated 23.08.2005 passed in Special Appeal No. 199 of 2004 (S.B.).

This Court finds that once the Lucknow Bench of this Court on 09.04.2008 had held that substantial compliance of the order of appellate court has been made by opposite party and contempt notices were discharged, no case for second contempt was made out by the applicant and that too after 14 years of the passing of the appellate order.

The contempt application is dismissed.

Order Date :- 11.4.2022

V.S.Singh