Najrul Malik vs Purnima Jena on 24 December, 2025

Author: Murahari Sri Raman

Bench: Murahari Sri Raman

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                             CONTC No.5386 of 2024
              Najrul Malik                            ....             Petitioner
                                       Mr. Nila Madhab Praharaj, Advocate
                                        -versus-
              Purnima Jena, Sarpanch,            .... Contemnor/Opposite
              Chandipur, G.P., Balasore                             Party
                           Mr. Kailash Chandra Kar, Government Advocate
                        Mr. Amit Prasad Bose, Advocate for Opposite Party
                                 CORAM:
                     THE HON'BLE THE CHIEF JUSTICE
                                   AND
               THE HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
                                         ORDER

Order No. 24.12.2025

07. 1. This Court vide order dated 29th February, 2024 disposed of the writ petition, bearing WP(C) No.11888 of 2015, with the following direction:

"7. Considering the rival contentions and for there is no dispute that similar dispute is decided in the case as indicated above, this Court finds the matter is covered by the judgment in aforesaid case.

8. In disposing of the writ petition, this Court directs the Opposite Party No.6 in extending the minimum wages benefit under Notifications since 2015 to 2021, to enter into the calculation on the payment of arrear wages to the petitioner in terms of the Gazetee notification issued by the Labour & E.S.I. Department since 24.07.2015 and in the calculation paid up to the last notification dated 02.11.2021 and find out the arrear required to be paid to the petitioner. The arrear as per the calculation following the direction of

this Court be also released in favour of the petitioner herein at least within a period of one month and the payment of arrear be made to the petitioner within a further period of fifteen days of the calculation. Failure of payment as per above time stipulation, the Petitioner will be entitled to interest @ 6% per annum all through."

2. Non-compliance of such direction gave rise to institution of contempt proceeding against the opposite party-Sarpanch of Chandipur Grama Panchayat in the district of Balasore.

3. By virtue of order dated 12th August, 2024, notice was issued to the contemnor-opposite party. Even after service of notice, there was no representation on 14th August, 2025. Therefore, this Court passed the following order:-

"1. This is an application for contempt alleging the conscious and willful violation of the order and judgment dated 29th February, 2024 passed by the Division Bench in W.P. (C) No.11888 of 2015 directing the alleged contemnor to release the arrear wages within 15 days. In the event there is any default, the petitioner will be entitled to interest @ 6% per annum. 1.2. Despite communication of the said order, the alleged contemnor has not shown any sanctity to the said judgment and order. The contempt application is taken out and an order was passed for service of copy of the contempt application.

2.The record would reveal that the service was effected upon the alleged contemnor way back in the year 2024. When the matter is taken up today, there is no

representation on behalf of the alleged contemnor. In absence of any explanation offered to the allegations/averments made in the contempt petition, we presume that the alleged contemnor has committed an act of contempt, and, therefore, the Rule is required to be issued upon the alleged contemnor.

3.Let the Rule of Contempt be issued to the alleged contemnor. Service of Rule shall be effected by Speed Post, requisites for which shall be filed by the petitioner within three working days, returnable within two weeks.

4. List this matter on 11th September, 2025."

4. On 5th December, 2025, when the matter was taken up, finding no representation on behalf of the contemnor, this Court directed as follows:

"1. The instant contempt application is taken out alleging the willful and deliberate violation of the judgment and order dated 29th February, 2024 passed in W.P.(C) No.11888 of 2015 whereby and whereunder a direction was passed upon the alleged contemnor to release the arrear wages within a stipulated time.

2. On the first motion, a direction was passed upon the petitioner to serve a notice containing the copy of the contempt application upon the alleged contemnor. Despite the notice having effected, there was no appearance when the matter came up on 14th August, 2025. The Court after noticing the aforesaid fact and taking into account that no explanation is offered by the alleged contemnor with regard to the allegations made in the instant contempt application,

the Rule of Contempt was issued against the said alleged contemnor.

3. The record would reveal that the Rule has been duly served upon the alleged contemnor, yet there is a default in his personal appearance or appearance through representative. It is a brazen attempt on the part of the alleged contemnor to defy and/or purge the contempt and, therefore, we direct the Inspector-in-Charge, Marine Police Station, Chandipur in the district of Balasore to make the alleged contemnor physically present before this Court for the purpose as to why he should not be punished as provided under the Contempt of Courts Act, 1971.

4. The Superintendent of Police, Balasore is also directed to personally oversee the compliance of this order and ensure that the alleged contemnor is brought to this Court on the next date.

5. Learned Government Advocate, who is present in the Court on behalf of the State, is requested to communicate this order to the Superintendent of Police, Balasore and the IIC, Marine Police Station, Chandipur, Balasore immediately. In addition to the same, the petitioner is at liberty to communicate this order to the aforesaid authorities."

5. On 19th December, 2025, the contemnor remained personally present before this Court and was represented by Mr. Amit Prasad Bose, learned counsel, who submitted that the contemnor due to communication lapses could not carry out the order dated 29 th February, 2024 passed in WP(C) No.11888 of 2015 and prayed for

mercy for grant of one opportunity to comply with the direction contained in the writ petition.

6. A show cause affidavit is filed in Court today by the contemnor/opposite party enumerating details of computation made with regard to payments to be disbursed to the petitioner. Apart from this, it is explained that the contemnor fell ill on 2nd December, 2025 (copy of medical prescription is enclosed), on account which she failed to attend the Court proceeding on 5th December, 2025. She, having tendered unconditional apology, submitted that the entitlement of the petitioner as directed in order dated 29th February, 2024 passed in WP(C) No.11888 of 2015 has been complied with.

7. Having the show-cause affidavit being taken on record, on perusal it is revealed that the computation has been made with regard to arrear payments. As a proof of such payment to be disbursed in the name of the petitioner original demand drafts are furnished to the Court. After being satisfied that the demand drafts in favour of the petitioner showing amounts in consonance with the computation reflected in the affidavit, the originals are returned and photocopies of demand drafts are kept in the record.

8. The aforesaid two original Demand Drafts are handed over to the learned counsel appearing for the petitioner in the Court by the counsel representing the contemnor. It is open for the petitioner to encash the said Demand Drafts without prejudice to their further rights and contentions, if any.

9. Since the order dated 29th February, 2024 passed in WP(C) No.11888 of 2015 has already been complied with and the directions contained therein are carried out with the handing over the Demand Drafts to the learned counsel for the petitioner, no

purpose would be subserved in keeping the matter pending. Upon consideration of contents of the affidavit and material placed on record, we find no deliberate or intentional laches on the part of the alleged contemnor. Hence, the contempt proceeding is dropped and, accordingly, the contempt petition stands disposed of.

(Harish Tandon) Chief Justice

(M.S. Raman) Judge MRS/Laxmikant

Signed by: LAXMIKANT MOHAPATRA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 24-Dec-2025 19:50:30