Calcutta High Court (Appellete Side)
Dns Union Of India & Ors vs Jahangir Chowdhury & Ors on 24 June, 2022
4. 24.06.2022
W.P.C.T. 28 of 2021
dns Union of India & ors.
VS
Jahangir Chowdhury & ors.
Mr. Achintya Kumar Banerjee,
Mr. Sudip Krishna Dutta,
Ms. Indumouli Banerjee,
...for the petitioners in
CPAN 277 of 2022.
Mr. Samrat Sen,
Ms. Amrita Panja Moulick,
Mr. Subhankar Sen,
...for the petitioners in
CPAN 264 of 2022.
Mr. Deepak Kumar Singh,
...for the alleged contemnors.
Re: CPAN 277 of 2022.
The affidavit of compliance filed on behalf of none
of the alleged contemnors is not acepted and is
returned to the learned advocate for the alleged
contemnors. The affidavit of compliance shall be filed by
one of the alleged contemnors within one week from
date upon prior service of the same to the learned
advocate representing the petitioners.
The matter stands adjourned for a period of four
weeks. Reply to the affidavit of compliance, if there be
any, shall be filed in the meantime.
On the adjourned date, one of the alleged
contemnors shall remain present before us.
Re: CPAN 264 of 2022.
The applicants have alleged contempt of our order
2
dated July 1, 2021. It is correct that the respondents in
WPCT 28 of 2021 and WPCT 75 of 2020 have similar
issues that we have decided on July 1, 2021 and for
implementation of our order notices have been issued to
the applicants before us.
Although it is contended that the petitioners are
entitled to similar benefits and such benefits were
denied to them on the basis of our order dated July 1,
2021 by which we have affirmed the order of the
tribunal, we feel that contempt applications are
required to be filed in the original proceeding as the
Union of India has not preferred any appeal in relation
to the orders passed in favour of the present applicants
in similar matters. There is no doubt that the Union of
India has accepted that the present applicants are
required to be treated similarly as that of the applicants
whose case was decided by us for which notices were
issued in favour of the present applicants.
Mr. Samrat Sen, learned senior advocate
appearing on behalf of the present applicants, has
submitted that a non-party to a proceeding can invoke
contempt jurisdiction of this court and in this
connection he has relied upon a decision of the
Supreme Court in the case of Girish Mittal vs. Parvati
V. Sundaram & anr. reported in (2019) 20 S.C.C. 747.
The said decision cannot apply in the instant case
as factually it would appear from paragraphs 1, 8 and
14 of the said decision. Moreover, it has been held that
where directions were issued by the court are general in
nature, any violation of such directions would enable an
aggrieved party to file a contempt application.
The right to file an application before the tribunal
cannot be disputed, but we are unable to accept the
submission that since by reason of the judgment that
we have delivered in relation to two matters where we
dealt with similar issues, the present applicants, who
were never before us, can file a contempt petition
alleging violation of our order. We place it on record
that Union of India has not preferred any writ petition
against the order of the tribunal concerning the present
applicants and the order of the tribunal is final,
conclusive and binding upon the parties.
The present applicants shall be at liberty to
approach the tribunal for violation of the order which
has attained finality by this time in view of our order
dated July 1, 2021.
We have been informed that the applicants have
filed three contempt petitions being CPC 132 of 2021,
CPC 55 of 2021 and CPC 11 of 2021 which are all
pending before the tribunal.
We request the tribunal to dispose of the
contempt applications filed before it as expeditiously as
possible since it appears that issues involved have
already been decided and the reason for not giving
appointment prima facie appears to be violation of the
order passed by the tribunal.
The present contempt application, thus, stands
dismissed without, however, any order as to costs.
(Hiranmay Bhattacharyya, J.) (Soumen Sen, J.)
