Jammu & Kashmir High Court - Srinagar Bench
Ut Of Jk And Ors vs All J&K Workers Union Srtc on 18 March, 2024
Author: Wasim Sadiq Nargal
Bench: Wasim Sadiq Nargal
S. No. 81
Regular Cause List
IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM No. 4860/2022 in
RP No. 64/2022 c/w
CCP (S) No. 311/2021
UT of JK and Ors. ...Appellant/Petitioner(s)
Through: Mr. Hakim Suhail Ishtiyaq, Adv.
Vs.
All J&K Workers Union SRTC ...Respondent(s)
Through: Mr. Sajad Ashraf, GA
CORAM:
HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER
18.03.2024
This court vide order dated 14-02-2024 has made it clear that in case the
Judgment dated 20-02-2020 is not implemented in its letter and spirit by or
before the date fixed, the respondent no. 1 shall appear in person before this
court and in that eventuality, the court will be constrained to frame Rule
against him as he was prima facie in contempt for having flouted the direction
by this court in terms of Judgment mentioned (supra).
Today the case was taken up out of turn at the request of Mr. Sajad Ashraf,
learned GA appearing on behalf of the respondents. He submits that he has
already filed an application on behalf of respondent no. 1 for seeking
exemption which is registered as CM No. 1448/2024, in which a stand has
been taken that the respondents have filed a review petition which has been
registered as RP No. 64/2022 against the Judgment which is sought to be
complied with and the same is pending consideration before this court.
It has been further pleaded in the aforesaid application that the review
petition filed by the respondents was although listed on many occasions, but
the same was not taken up as not reached and no effective orders could be
passed and eventually on the request of learned counsel for the respondents on
11th March, 2014, the review petition was directed to be listed along with the
instant contempt petition.
Mr. Sajad Ashraf, learned GA prays that the review petition which is
pending before this court be decided at the first instance, as according to the
learned counsel, the persistence of the petitioner for implementation of the
Judgment in question without waiting for the outcome of the review petition in
a way will render the review petition as infructuous.
In the aforesaid backdrop, the application bearing CM No. 4860/2022
has been filed on behalf of respondent no. 1 (Principal Secretary Finance
Department) for seeking his exemption.
For the reasons stated in the aforesaid application, coupled with the
submissions made by the learned counsel for the respondents, same is allowed.
The personal appearance of respondent no. 1 is exempted for the time being.
With a view to proceed further in the instant contempt petition, to decide
the review petition at the first instance at the request of the learned counsel for
the respondents and keeping in view the urgency involved in the instant case,
list the review petition along with the contempt petition on 29th March, 2024,
with a liberty to the parties to make a mention.
The proceedings in the contempt petition are deferred for the time being.
(Wasim Sadiq Nargal)
JUDGE
SRINAGAR
18.03.2024
Sakeena
