Calcutta High Court (Appellete Side)
Swapan Kumar Sinha Roy vs Gopal Krishna Nayar Krishna Kumar ... on 23 September, 2021
109 IN THE HIGH COURT AT CALCUTTA
23.09.2021 Special Civil Jurisdiction
sb
Ct23 APPELLATE SIDE
(Through Video Conference)
CPAN 604 of 2013
In
WPA 27475 of 2012
Swapan Kumar Sinha Roy
Vs.
Gopal Krishna Nayar Krishna Kumar & Ors.
Mr. Upendra Roy
... For the applicant/petitioner.
Mr. L. K. Gupta, Sr. Advocate,
Mr. U. K. Mandal
... For the alleged
contemnors/respondents.
The contempt petition arises out of a
judgment and order dated 20th December, 2012,
passed in WP 27475(W) of 2012. The operative portion
of the said order is as follows:-
"For these reasons, I dispose of this
WP ordering as follows. Within eight weeks
from the date this order is served, the
respondents shall pay the petitioner all
benefits payable under the settlement dated
January 19, 2010 with 7% p.a. interest
from the date the benefits concerned
became payable. No costs. Certified xerox".
It is submitted on behalf of the alleged
contemnors/respondents that Mr. Gopal
Krishnanayar Krishna Kumar, Mr. Kanak Kanti
Barua and Mr. Gopi Mohan Chatterjee, respectively,
being the alleged contemnors/respondents no. 1, 2
and 3 are no more in service. The present incumbents
namely, Mr. Amal Kumar Mehera is holding the post
of Deputy Chairman, Calcutta Dock Labour Board,
Mr. Subrata Kumar Das is presently holding the post
of Secretary In-charge and Mr. Bhaskar Ghosh is
presently holding the post of Chief Accounts Officer,
are respectively holding the office that used to be held
by Mr. Gopal Krishnanayar Krishna Kumar, Mr.
Kanak Kanti Barua and Mr. Gopi Mohan Chatterjee.
These three persons should be added as alleged
contemnors/respondents.
The petitioner is given liberty to add the Mr.
Amal Kumar Mehera, Mr. Subrata Kumar Das and
Mr. Bhaskar Ghosh as alleged
contemnors/respondents no.4, 5 and 6. The
amendment should be carried out by inserting the
names of the three aforesaid persons in the cause title
of the contempt petition by 24th September, 2021. The
petitioner shall serve a copy of the amended contempt
petition on the added alleged
contemnors/respondents and file an affidavit of
service to that effect on the next date.
On behalf of the alleged
contemnors/respondents, it is submitted that
Calcutta Dock Labour Board is in such a bad
financial state that knowing fully well that the order
in contempt has to be complied with is not in a
position to comply with the said order due to dire
paucity of funds.
The alleged contemnors/ respondents are
directed to file an affidavit stating therein whether any
of the employees had been provided the benefit under
the settlement dated January 19, 2010 as directed to
be paid to the petitioner and if so whether the
payment has been made before or after the order
dated 20th December, 2012. The alleged
contemnors/respondents shall also state in the
affidavit the number of pensioners on 20th December,
2012 and at the present as also the number of
employees on 20th December, 2012 and at present.
The affidavit shall also disclose the total amount that
is required to be paid for pensionary benefit to the
retired employees every month and the total amount
spent for paying the salaries of the staff and
employees of Calcutta Dock Labour Board at the
present. The affidavit shall also state the average
income of Calcutta Dock Labour Board from April 1,
2012 and September 30, 2021. The said affidavit shall
also indicate the average expenses excluding payment
of salary, pension and other emoluments between
April 1, 2012 and September 30, 2021 as also the
particulars of assets and properties of Calcutta Dock
Labour Board and their tentative value specifying
therein whether any asset has been sold between
December 20, 2012 and September 30, 2021.
The said affidavit shall be filed by 9th
November, 2021. Reply thereto, if any, be filed by 23rd
November, 2021. The matter will appear in the list on
25th November, 2021.
(Arindam Mukherjee, J.)
