Ram Prasad vs Rajendra Prasad Managing Director U.P. ...
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Allahabad High Court

Ram Prasad vs Rajendra Prasad Managing Director U.P. ... on 21 February, 2025

Author: Manish Kumar

Bench: Manish Kumar

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:11345
 
Court No. - 17
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4831 of 2024
 

 
Applicant :- Ram Prasad
 
Opposite Party :- Rajendra Prasad Managing Director U.P. Cooperative Sugar Factories Federation Ltd. Lko. And Another
 
Counsel for Applicant :- Anand Kumar
 
Counsel for Opposite Party :- Indu Prakash Singh
 

 
Hon'ble Manish Kumar,J.
 

1. The present contempt application has been filed for alleged non compliance of the judgment and order dated 27.09.2024. The relevant extract of the said order is quoted hereinbelow:-

"Considering the aforesaid submission of Mr. I. P. Singh, learned counsel and looking at the facts of the case, present writ petition is disposed of with a direction to opposite parties 2 & 3 to clear the retirement dues of the petitioner which are admissible to him under the law within a period of two months from today.

While passing the said order, the opposite parties shall pass orders with regard to the claim of interest, as made by the petitioner"

2. Learned counsel for the respondent has submitted that all the post retiral dues has been paid to the applicant by transferring the amount through RTGS in the account of applicant and in support of his submission, he relied upon certificate issued by the Kisan Sahkari Chini Mill Limited, Sultanpur and in the said chart the applicant's name finds place at serial no.3. The same is provided to learned counsel for the applicant during the course of argument. It is taken on record.

3. On the other hand, learned counsel for the applicant has submitted that there is no decision taken by the respondent for payment of interest as directed by the writ court.

4. In reply thereto, learned counsel for respondent has submitted that the Chini Mill is in a very bad financial condition and it is difficult for the Mill even to pay regular monthly salary to its employees and this fact may be seen from the order dated 22.10.2024 which is annexure no.3 to the contempt application where vide letter dated 22.02.2024 issued by the Chief Manager admitting the dues of the applicant and passed an order that whenever the amount will be available the payment shall be made. It is further submitted that such financial crunch was also placed before the writ court and the submission was noted by the writ court that is why for clearing retirement dues there is a positive direction for payment but as far as interest is concerned, there is no such direction to pay the interest.

5. At this stage, learned counsel for the applicant has submitted that the post retiral dues have been paid and for all practical purposes, the present contempt petition has become infructuous and the same may be dismissed as such but liberty may be given to the applicant, if he is not satisfied with the determination of amount paid to him, he may approach the Court by filing writ petition.

6. In view of above, the present contempt application is dismissed as infructuous.

7. Notice, if any, stands discharged.

8. It is always open for the applicant to avail the remedy, if he is aggrieved, as may be permissible under the law.

Order Date :- 21.2.2025

Renu/-