Ms. A. Debbarma vs Mr. D. Bhattacharjee
2021 Latest Caselaw 858 Tri

                          HIGH COURT OF TRIPURA
                                AGARTALA
                           Cont. Cas(C) No.36 of 2021
For Petitioner (s)              :     Ms. A. Debbarma, Adv.
For Respondent(s)               :     Mr. D. Bhattacharjee, Sr. Adv.

Mr. P. Saha, Adv.

HON'BLE MR. JUSTICE S. TALAPATRA Order 07.09.2021

Heard Ms. A. Debbarma, learned counsel appearing for the petitioner as well as Mr. D. Bhattacharjee, leaned senior counsel assisted by Mr. P. Saha, learned counsel appearing for the respondents.

Having perused the records with this petition, this court is prima-facie satisfied that the respondents have deliberately violated the judgment and order dated 16.03.2021 delivered in W.P.(C) No.741 of 2020, whereby this court had directed the respondents to calculate the entitlement of the petitioner as the remainder gratuity within a month from the date of having a copy of the judgment and order dated 16.03.2021 and within 3[three] months from the date of such calculation, the payment of such entitlement be made to the petitioner. It has been categorically stated by the petitioner that on 17.04.2021 with a notice, copy of the said judgment and order was placed to the respondents, but the respondents have deliberately not complied with the said direction of this court. On the earlier occasion, this court had given opportunity to the counsel of the respondents who appeared before this court for taking instruction about the non-compliance.

Mr. D. Bhattacharjee, learned senior counsel assisted by Mr. P. Saha, learned counsel has submitted that the Tripura Road Transport Corporation Limited has calculated the entitlement of the petitioner and sent the same for financial approval to the Transport Department, Government of Tripura inasmuch as the Tripura Road Transport Corporation Limited does not have fund and according to Mr. Bhattacharjee, learned senior counsel, this was the

reason why the judgment and order could not be complied by the respondent No.1. Be that as it may, these are not on record before this court as yet.

Issue notice calling upon the respondents to show cause as to why a contempt proceeding should not be initiated for willful and deliberate non- compliance of the judgment and order dated 16.03.2021 delivered in W.P.(C) No.741 of 2020 as prayed for; and/or any other order(s) shall not be passed as to this Court may deem fit and proper in the circumstances of the case.

Notice is made returnable on 21.09.2021.

Since Mr. P. Saha, learned counsel appears and waives notice for the respondents, no formal notice is usually called for, but the petitioner shall take steps for service of notice on the respondents as per rule within 3[three] days from today by registered post with A.D. It is made absolutely clear that if the reply is not filed by the returnable date, the respondents shall appear in person to respond to the charge as might be read by this court, subject to the stand they might take in their reply.

A copy of this order be supplied to Mr. P. Saha, learned counsel for purpose of record.

JUDGE

Sujay