Tripura High Court
Ms. Susmita Paul vs Unknown on 21 November, 2022
HIGH COURT OF TRIPURA
AGARTALA
Cont. Cas (C) No. 143 of 2022
With
Cont. Cas (C) No. 144 of 2022
Cont. Cas (C) No. 145 of 2022
Cont. Cas (C) No. 146 of 2022
Cont. Cas (C) No. 147 of 2022
Cont. Cas (C) No. 148 of 2022
Cont. Cas (C) No. 149 of 2022
Cont. Cas (C) No. 150 of 2022
For the Petitioner(s) : Ms. Susmita Paul, Advocate
For the Contemnor(s) : None
HON'BLE MR. JUSTICE ARINDAM LODH
Order
21/11/2022
Heard Ms. Susmita Paul, learned counsel appearing for the petitioners.
None appears for the contemnors.
By way of filing the present contempt applications the petitioners
have prayed for drawing up of Contempt of Courts proceedings against the
contemnors for willful disobedience of the order of this Court dated
27.06.2022 passed in WP(C) No. 126 of 2021 and other connected writ
petitions.
The relevant portion of the impugned order dated 27.06.2022 may be
reproduced here-in-below:
"12.1. The respondents are directed to calculate the gratuity
of the petitioners considering the revised ceiling limit of
Rs.10,00,000/- which came into force i.e. on 24.05.2010 and such
remaining amount of gratuity payable to the petitioners shall carry
simple interest @6% per annum for the delayed period after
expiry of statutory period of one month from their respective
dates of retirement.
12.2. It is made clear that the gratuity has to be paid
considering the last basic pay which includes dearness allowance
as defined under Section 2(s) of the Payment of Gratuity Act, 1972.
Section 2(s) reads as under:
"2(s). "wages" means all emoluments which are earned by
an employee while on duty or on leave in accordance with
the terms and conditions of his employments and which are
paid or are payable to him in cash and includes dearness
allowance but does not include any bonus, commission,
house rent allowance, overtime wages and any other
allowance."
12.3. The respondents are given liberty to examine and
determine the claims of each of the 9(nine) petitioners as are
reflected in table at para 6 of this judgment keeping in mind the
aforesaid observations and directions.
12.4. Payment shall be made within 3(three) months from
the date the copy of this judgment is furnished to the
respondents, particularly, the respondents No.1 and 2 herein.
13. All the writ petitions are disposed of in terms of the
above.
Pending application(s), if any also stands disposed of."
Ms. Paul, learned counsel appearing for the petitioners has
submitted that the aforesaid directions were necessary to be complied with
within 3(three) months from the date, the copy of the judgment would be
furnished to the respondent-contemnors.
The petitioner had furnished the copy of the order. In the
meantime, 3(three) month's time had been elapsed over, but, till today the
order has not been complied with.
Issue notice calling upon the contemnors to show cause as to
why a proceeding under Section 12 of the Contempt of Courts Act shall not
be drawn against them, as prayed for; and/or why such further and other
order(s) shall not be passed as to this Court may deem fit and proper.
Notice is made returnable within 6 (six) weeks.
The petitioner shall take steps for service of notice upon the
contemnors within a week by registered post with AD.
List the matter on 12.01.2023.
JUDGE
Snigdha
