Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 532 of 2021 Applicant :- Ajay Kumar Pathak Opposite Party :- Mr Sher Bahadur, General Manager, Kisan Sehkari Chini Mills Ltd.
Counsel for Applicant :- Rahul Saxena Counsel for Opposite Party :- Ravindra Singh
Hon'ble Prakash Padia,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the judgement and order dated 01.12.2020 passed in Writ A No.10313 of 2020. The operative portion of the order is reproduced hereibelow :-
"By means of the present petitioner, the petitioner has prayed for the following relief:
"(i) To issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to release the provident fund, amounting Rs. 6,76,406/- + interest and gratuity amount amounting Rs. 2,40,532/-+ interest in favour of the petitioner forthwith;"
Learned counsel for the petitioner submits that the petitioner was superannuated on 30.6.2019 but his post retiral dues has not been paid to him. The petitioner has made several representations in this respect but in vain.
Learned counsel for the petitioner submits that the respondents be directed to decide the representation for release the payment of post retiral dues of the petitioner.
Learned Standing Counsel has no objection to the last submission of the learned counsel for the petitioner.
Be that as it may, the writ petition is disposed of with direction to the petitioner to make a fresh representation annexing all the documents as well as a copy of this order within a week from today and the competent authority is directed to consider and decide the representation of the petitioner by reasoned and speaking order within a period of one month from the date of production of a copy of this order along with fresh representation.
It is further directed that in case petitioned is found entitled for payment of post retiral dues then same shall be paid to him forthwith along with interest on delayed payment at the rate of 6.5% per annum. "
Today when the matter is taken up, it is informed by learned counsel for the applicant that the order passed by the writ court has already been complied with, therefore, no cause of action remained survive and prays that the present application be dismissed as infructuous.
In view of the same, the present contempt application is dismissed as infructuous.
Order Date :- 30.7.2021 Pramod Tripathi