CLCON/520/2020
2021 Latest Caselaw 1107 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
       ON THE 23RD DAY OF MARCH, 2021
                          BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
        Contempt Petition No. 511 of 2020
BETWEEN:

Rajendra Singh                          ...Petitioner


AND:

Masoom Ali Sarwar & another             ...Respondents


                      With
        Contempt Petition No. 513 of 2020
        Contempt Petition No. 514 of 2020
        Contempt Petition No. 515 of 2020
        Contempt Petition No. 516 of 2020
        Contempt Petition No. 517 of 2020
        Contempt Petition No. 520 of 2020
        Contempt Petition No. 24 of 2021
Mr. Harendra Belwal, learned counsel for the petitioners
Mr. Ashish Joshi, learned counsel for respondent no. 1 and Mr.
Subhash Upadhyaya, learned counsel for respondent no. 2.




                       JUDGMENT

Since common questions of fact and law are involved in these contempt petitions, therefore, these petitions are clubbed together and are being heard & decided together.

2. Mr. Ashish Joshi, learned counsel for respondent no. 1 submits that the cheques have been prepared towards amount payable to the petitioners, as difference of gratuity and leave encashment, which are lying in the office of Provincial U.P. Cooperative Federation at Lucknow. He assures the Court that

the said cheques would be deposited in the Registry of this Court within 48 hours.

4. Since the only direction issued by Writ Court was to pay the difference of gratuity and earned leave and learned counsel for respondent no. 1 has given an undertaking that the amount payable to the petitioners would be tendered to them through cheque, which shall be deposited in the Registry within 48 hours, therefore, nothing survives in these contempt petitions.

5. In view of the undertaking, so given, the contempt petitions are closed by placing the undertaking of learned counsel for the petitioner on record. Notices issued to the respondents are hereby discharged.

6. Mr. Harendra Belwal, learned counsel for the petitioners submits that petitioners are entitled to some more amount than what is being offered as difference of gratuity and leave encashment.

7. If that is so, petitioners shall be at liberty to approach the appropriate forum for redressal of their grievance and this order will not preclude them from asserting their right.

(MANOJ KUMAR TIWARI, J.) Aswal