Karnataka High Court
Sri. B Sharath Chandra vs Sri.S.R. Umashankar on 4 November, 2024
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CCC No. 748 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
CCC NO. 748 OF 2023 (CIVIL)
BETWEEN:
1. SRI B. SHARATH CHANDRA
AGED ABOUT 62 YEARS
S/O. LATE A. C. BORANNA
R/AT No.77, II WEST ROAD
VIDYARANYAPURAM
MYSORE - 570 008.
...COMPLAINANT
(BY SRI VIJAYAKUMAR L., ADVOCATE (ABSENT))
AND:
1. SRI S.R. UMASHANKAR
CHIEF SECRETARY
THE STATE OF KARNATAKA
Digitally signed DEPARTMENT OF CO-OPERATIVE
by VALLI DR. B. R. AMBEDKAR VEEDHI
MARIMUTHU
Location: High VIDHANA SOUDHA
Court of BENGALURU - 560 001.
Karnataka
2. CAPT. DR. K. RAJENDRA
THE ADDITIONAL REGISTRAR OF
CO-OPERATIVE SOCIETIES
BENGALURU DIVISION
(CONSUMER AND MARKETING)
ALI ASKER ROAD
BENGALURU - 560 001.
3. SRI MIRGE UMA SHANKAR
MANAGING DIRECTOR
THE HORTICULTURE PRODUCE
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CCC No. 748 of 2023
CO-OPERATIVE MARKETING
AND PROCESSING SOCIETY LTD.,
DR. MARIGOWDA ROAD
LALBAGH, BENGALURU - 560 004.
4. THE GOVERNMENT OF KARNATAKA
III FLOOR, VIDHANA SOUDHA
DR. B.R. AMBEDKAR ROAD
BENGALURU - 560 001.
REPRESENTED BY ITS
CHIEF SECRETARY.
...ACCUSED
(BY SMT. SHWETA KRISHNAPPA, AGA FOR R4
SRI N. RAMACHANDRA, ADVOCATE FOR R3)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT 1971 READ WITH ARTICLE-215 OF
THE CONSTITUTION OF INDIA, BY THE COMPLAINANT, WHERE IN
HE PRAYS THAT THE HON'BLE COURT BE PLEASED TO INITIATE
CONTEMPT PROCEEDINGS AGAINST THE ACCUSED NO.3 HEREIN
FOR HAVING WILLFUL VIOLATION AND DELIBERATELY
DISOBEDIENCE OF THE ORDER/DIRECTION ISSUED BY THIS
HON'BLE COURT IN ORDER DATED 28.03.2023 IN
W.P.NO.16075/2022 (S-RES) PASSED BY THE LEARNED SINGLE
JUDGE OF THIS HON'BLE COURT AS FOUND AT ANNEXURE-A AND
PUNISH THE ACCUSED NO.2 IN ACCORDANCE WITH LAW AND
FURTHER DIRECT THE ACCUSED NO.3 TO COMPLY WITH THE
DIRECTION ISSUED BY THIS HON'BLE COURT AS FOUND AT
ANNEXURE-A AND TO AWARD COSTS OF THIS PROCEEDINGS.
THIS PETITION, COMING ON ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
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CCC No. 748 of 2023
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
The only direction in the order of learned Single Judge dated
28.03.2023 was to respondent No.3-the Horticulture Produce
Co-operative Marketing and Processing Society Limited to consider
the representation dated 11.05.2022 of the petitioner within
stipulated time.
2. Learned advocate Mr. N. Ramachandra for respondent No.3
invited the attention of the Court to the compliance affidavit in
which the copy of Office Order dated 09.08.2023 is produced.
3. The said Office Order, in its relevant part, reads as under;
"With reference to the above cited
subject, Sri B Sharath Chandra, FDC is hereby
informed that you have worked as permanent
employee and retired due to superannuation on
31-08-2023. The Firm is already paid a sum of
Rs.4,61,868 in instalment basis out of total
amount of Rs.7,55,398/- which including
Gratuity, Leave Encashment, Security Deposit
and interest and only a sum of Rs.2,84,280/- is
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due to be payable by the firm to the said B.
Sharath Chandra.
In this connection vide Ref (1) a writ
petition No.16075/2022 is filed before the
Hon'ble High Court of Karnataka for payment of
the above said amount within 8 weeks vide
Hon'ble Court's Order dated 28-3-2023. As per
the order of Hon'ble Court a meeting was
conducted and the said matter was discussed
at length and inspite of pending of huge
payment of Rs.8,75,00,000/- to 202 retired
staff, while considering the Hon'ble High Court
order, it is resolved to pay a sum of
Rs.2,84,280/- to the said Sharath Chandra on
the instalment basis. When things stood thus
Mr. B. Sharath Chandra submitted a
representation vide Ref (3) and accepted to
receive the said sum in two instalments a sum
of Rs.1,40,000/- in 1st instalment and
Rs.1,44,280/- in October 2023 as 2nd
instalment."
4. In light of the above, the following order came to be passed,
extracting the operative portion,
"As narrated above, a sum of
Rs.2,84,280/- is due and payable to Sri B
Sharath Chandra as retirement benefits in view
of the order passed by the Hon'ble High Court
in W.P.No.16075/2022 and also resolution of
the Board of Management and considering the
representation dated 26-06-2023, it is hereby
ordered to pay the said amount on instalment
basis in view of financial position of the firm
and as result, 1st instalment a sum of
Rs.25,000/- is ordered to be paid."
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5. In view of above, the directions of learned Single Judege are
complied with. Nothing survives in the present contempt
proceedings. Accordingly, the contempt petition is disposed of.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
DDU
