Jalim Singh vs Nand Kishore, General Manager/C.E.O./ ...
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Allahabad High Court

Jalim Singh vs Nand Kishore, General Manager/C.E.O./ ... on 7 May, 2024

Author: Rohit Ranjan Agarwal

Bench: Rohit Ranjan Agarwal

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:81326
 
Court No. - 51
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1975 of 2019
 

 
Applicant :- Jalim Singh
 
Opposite Party :- Nand Kishore, General Manager/C.E.O./ Secretary District Co-Operative Bank Ltd.
 
Counsel for Applicant :- Santosh Kumar Mishra
 
Counsel for Opposite Party :- Kunwar Bahadur Srivastava
 

 
Hon'ble Rohit Ranjan Agarwal,J.
 

Affidavit filed on behalf of Bank today is taken on record.

The applicant before this Court had initially filed a writ petition being Writ-A No. 18568 of 2018 challenging the order dated 10.07.2018. The said writ petition was allowed on 21.01.2019 directing the opposite party to treat him as a Class III employee. Against the order of writ Court, a Special Appeal Defective No. 207 of 2019 was preferred by District Co-operative Bank Ltd., Jhansi. The appeal filed by the Bank was partly allowed on 01.03.2019. The appellate Court while partly allowing the appeal recorded a categorical finding to the effect that the applicant was never absorbed against any Class III post nor his services were regularised in the Provincial Co-operative Union (PCU) and at the same time the services were not merged or absorbed on any Class III post in the Bank.

Sri I.R. Singh, learned counsel for the applicant submits that though the salary and the other reitral benefits have been extended to the applicant treating him to be Co-operative Supervisor but the gratuity and insurance money has not been paid.

Opposing the contempt application, Sri K.B. Srivastava, learned counsel for the Bank submits that the applicant had the qualification of High School only and the required qualification for a Co-operative Supervisor is intermediate. The said fact has been recorded by appellate Court while partly allowing the appeal. He submits that services of the applicant was never regularised and he was not absorbed and no contribution was deducted, as such, neither the gratuity nor insurance money can be paid to the applicant.

After hearing learned counsel for the parties, I find that once the appellate Court has recorded specific finding that the services of the applicant was never regularised in the PCU nor he was absorbed on Class III post, furthermore, he did not possess qualification of intermediate from the recognised Board as was required for Class III post, he is not entitled to claim gratuity and insurance amount as the Bank had not deducted the said contribution from him and the same cannot be paid to him.

Moreover, this Court finds that while exercising contempt jurisdiction this Court cannot supplant finding in the judgment of appellate Court as far as payment of gratuity and insurance money is concerned. As sufficient compliance has been done by the Bank in paying the salary and other retiral dues, order of appellate Court stands complied with.

No case for contempt is made out. The contempt application stands dismissed.

Order Date :- 7.5.2024

V.S.Singh