Tripura High Court
Tripura Jute Mill Karmachari Mancha vs Sri Santosh Das & Others on 10 July, 2024
Author: Arindam Lodh
Bench: Arindam Lodh
Page 1 of 2
HIGH COURT OF TRIPURA
AGARTALA
Cont.Cas(C) No.69 of 2023
Tripura Jute Mill Karmachari Mancha
.........Petitioner(s);
Versus
Sri Santosh Das & others
.........Respondent(s).
For Petitioner(s) : Mr. P. Roy Barman, Sr. Advocate,
Mr. Samarjit Bhattacharjee, Advocate.
For Respondent(s) : Mr. Kohinoor N. Bhattacharyya, G.A.,
Mr. P. Gautam, Advocate.
HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH
HON'BLE MR. JUSTICE ARINDAM LODH
Order
10/07/2024
Special Leave Petition (Civil) No.019776-019778 of 2023
preferred against the judgment passed in WA No.72/2018 dated 21.09.2022
was disposed of by the Apex Court with the following observations:
"Delay condoned.
After hearing learned counsel appearing for the petitioners, we are not
inclined to interfere with the order impugned to except to say that the interest
shall be leviable in terms of the order dated 25th October, 2016 in C.A.
No.10411/2016 in particular paragraph 2 therein.
It has been brought to our notice that the contempt proceedings are
pending. However, learned senior counsel seeks six months time to comply with
the directions under the order impugned.
In our view, compliance be made by the appellants within a period of
four months.
In view of the above terms, the special leave petitions are disposed of."
The instant contempt petition has been pending for non-
compliance of the directions passed in WA No.72/2018 since 26.04.2023. The
respondent-Managing Director, Tripura Jute Mills Limited has in his affidavit
dated 05.07.2024 stated that the State Government has released Rs.20 crore
against a request of Rs.75 crore to clear the outstanding liability. The State
Government has further advised the company to monetize its assets to bear the
required expenditure. Reference is also made to a communication dated
28.06.2024 [Annexure-R/7] addressed to the Ministry of Textiles, Government
of India by the Chairman-cum-Managing Director, Tripura Jute Mills Limited
(TJML) indicating that for compliance of the order of this Court as upheld by
the Apex Court, the fund requirement is Rs.225.00 crore. Out of the released
fund of Rs.20 crore, arrears, salary and other dues of only 125 employees could
be paid. It is stated that TJML is a sick industry and a loss sustaining
organization. There is no production since 2021. This affidavit does not
properly disclose computation of the total amount required to clear the
outstanding liability for payment of the arrears of salary of the employees and
workers in terms of the order under offence. Learned counsel for the
respondent-Managing Director has made submissions that they are in the
process of liquidating the assets of the company, but there are no clear
averments in that regard. Learned counsel for the respondent Mr. P. Gautam
submits the company would be approaching the Apex Court for extension of
time to ensure compliance.
Be it indicated here that the six months period as stipulated by the
Apex Court in the judgment dated 04.09.2023 for compliance of the order has
already expired. The affidavit filed on 05.07.2024 also does not give a complete
picture as to the compliance of the order under offence in its letter and spirit.
As such, contempt proceedings need to be initiated for non-compliance of the
order under offence if the respondents are not able to get suitable extension of
time for compliance of the order. Therefore, in view of the request of learned
counsel for the respondent-company, the matter is adjourned for 3(three)
weeks. List it on 07.08.2024.
(ARINDAM LODH), J (APARESH KUMAR SINGH), CJ
Pijush/
MUNNA SAHA Digitally signed by MUNNA SAHA
Date: 2024.07.11 15:38:09 +05'30'
