Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5481 of 2019 Applicant :- Smt. Kamla Devi Opposite Party :- Shri. Pradeep Kumar Katiyar, Managing Director U.P. State Bridge Corporation Ltd. And 2 Others Counsel for Applicant :- Pramod K. Gupta
Hon'ble Mahesh Chandra Tripathi,J.
By order dated 20.9.2018 passed in Writ A No.20249 of 2018 filed by the applicant, the Court directed as under:
"Considering the facts and circumstances of the case, with the consent of the parties, without adverting on the merits of the case, the petition is disposed of with a direction to respondent no. 3 (Deputy Project Manager, Bridge Construction Unit, Banda) to decide the representation of the petitioner dated 20.01.2017 which is pertaining to payment of gratuity in accordance with law within a period of two months from the date of production of certified copy of this order. Petitioner is given liberty to file a fresh representation along with certified copy of this order.
It is further directed that if it is found by respondent no. 3 that gratuity is payable, the same shall be paid to her within one month from the date of decision along with 6% interest from the date it was due."
A certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite parties have wilfully 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 four weeks from the date of production of a certified 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 one week from today. The office shall send a copy of this order along with the self- addressed envelope of the applicant with a copy of contempt application to the opposite parties within one week thereafter and keep a recorded thereof.
The opposite parties shall comply with the directions of the writ court and intimate him 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.
Order Date :- 27.8.2019 RKP