Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2617 of 2021 Applicant :- Babalu Opposite Party :- Dr. Vimal Kumar, Principal Govt Graduate College Counsel for Applicant :- Ram Chandra Yadav
Hon'ble Prakash Padia,J.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated03.02.2021 passed in Writ A No.1559 of 2021 (Babalu Vs. State of U.P. & others.). The aforesaid order is quoted as under:-
"Heard learned counsel for the petitioner and learned Standing Counsel for respondent Nos.1 to 3.
It is argued by learned counsel for the petitioner that the petitioner is initially appointed on the post of Labourer on daily wages since March, 2012 and since then he is working regularly in the college of respondent No.4 without any sort of complaint but the minimum wages were not given to him. In this regard, various representation have been made by the petitioner to the respondent No.4, one of such representation made on 21.12.2020 copy of which is appended as Annexure No.4 to the writ petition but till date no final decision has been taken on the same.
Heard learned counsel for the parties. With the consent of learned counsel for the parties present, the present writ petition is disposed of finally disposed of permitting the petitioner to make a detailed representation ventilating all his grievances before the respondent No.4 along with copy of the self attested computer generated copy of this order downloaded from the official website of High Court Allahabad within a period of three weeks from today. If such a representation is filed, the respondent No.4 will pass appropriate orders strictly in accordance with law expeditiously and most preferably within a period of three months from the date of submitting of representation before him. "
Learned counsel for the applicant submits that a copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have willfully not complied with the order and, thus, have committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite parties to comply with the aforesaid order of the Court within six seeks from the date of production of a copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed stamped envelope to the office within two weeks from today. The office shall send a copy of this order along with the self-addressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant of the order through the self-addressed envelop within a week, thereafter.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite parties within the stipulated time as aforementioned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.7.2021/saqlain