Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3596 of 2019 Applicant :- Mahendra Singh Opposite Party :- Dhar Tripathi, (S.D. Tripathi), Prabhagiya Nideshak, Samajik Vanniki Prabhag Counsel for Applicant :- Shyam Sunder Hon'ble Mahesh Chandra Tripathi,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 dated 12.10.2017 passed in Writ Petition No.47999 of 2017 (Mahendra Singh v. State of U.P. & Ors.). For ready reference the order dated 12.10.2017 is quoted as under:-
"The petitioner claims that he is working as daily wage employee with the authority since 2007. He has preferred this writ petition for a direction upon the respondents to grant him minimum pay in the pay scale of Class-IV employee.
Counsel for the petitioner has placed reliance on the judgment of the Supreme Court in the case of State of Punjab and Ors. vs. Jagjit Singh and Ors., Civil Appeal No(s). 213 of 2013, wherein the Supreme Court has held that all the daily wager, work charge employee and other similarly situated persons who are working from 10 years are entitled for the minimum pay scale. Hence, the petitioner is also entitled for the minimum pay in the regular pay scale. He has further drawn the attention of the Court to the order passed by a Division Bench of this Court in Special Appeal No. 48 of 2012, dated 02.01.2017, the relevant part of which is extracted herein below:-
"Consequently, in the facts of the case, we proceed to dispose of present special appeal by commanding the Divisional Forest Officer, Obra, district Sonbhadra, to consider the request of appellant for grant of minimum pay-scale, in accordance with law, preferably within a period of next three months from the date of receipt of certified copy of this order and whatsoever is outcome of the decision, so taken, copy of the same be communicated to the appellant."
Heard counsel for the petitioner and standing counsel for the respondents.
In view of clear enunciation of law laid down by the Supreme Court, the petitioner has made out a prima facie case.
Accordingly, an interim mandamus is issued upon the third respondent to pay the minimum pay in the regular pay scale of class-IV employees to the petitioner in terms of the aforesaid judgment of the Supreme Court within three months or show cause within the same period."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite parties 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 six 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 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.
Order Date :- 29.5.2019 SP/