Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3985 of 2021 Applicant :- Horam Opposite Party :- Sri Siya Ram, Regional Deputy Labour Commissioner Counsel for Applicant :- Babita Upadhyay,Sanjeev Kumar Gaur
Hon'ble Prakash Padia,J.
Heard learned counsel for the applicant.
The applicant has preferred the present contempt application for non-compliance of the order dated 19.08.2009 passed by this Court in Writ Petition No. 16095 of 1999 (U.P. State Electricity Board, Aligarh Vs.The Presiding Officer, Labour Court U.P. Agra and others). The operative portion of the aforesaid order is quoted below:-
"In the event, the workman files an appropriate application claiming post award wages and the same is adjudicated by the appropriate authority/Court and if any amount is found to be payable to the workman, the amount so paid to the workman in terms of the interim order of this Court would be adjusted.
The writ petitions are allowed."
It is argued by learned counsel for the applicant that the afoesaid order was challenged by one Veer Pal Singh before the Hon'ble Apex Court by filing Civil Appeal No(s).10172-10176 of 2010 (Veer Pal Singh and others Vs. U.P. State Electricity Board). The aforesaid Civil Appeals were dismissed by the Hon'ble Apex Court vide judgment and order dated 07.01.2016. It is argued by learned counsel for the applicant that the name of employee before the Labour Court was Mr. Jamman Lal and he has already been died on 28.4.2021. Subsequently before his death, he moved an application before the Regional Deputy Labour Commissioner, Aligarh on 08.02..2021, copy of the same is appended as Annexure No.6 to the affidavit. It is argued that after the death of Jamman Lal, his son is pursing the matter before the Regional Deputy Labour Commissioner, Aligarh. It is argued that considerable time has already been lapsed but till date no final decision has been taken on the same.
Considering the facts and circumstances of the case, this contempt application is disposed of directing the Regional Deputy Labour Commissioner, Aligarh to comply with the order dated 19.08.2009 in its letter and spirit most expeditiously and preferably within a period of four months from the date of production of a copy of this order.
Order Date :- 23.9.2021 saqlain