Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5299 of 2019 Applicant :- Mukesh Kumar Opposite Party :- Ajay Kumar Dwivedi, C.D.O.
Counsel for Applicant :- Kailash Singh Kushwaha
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 06.03.2019 passed in Writ Petition No.283 of 2019 (Mukesh Kumar v. State of U.P. & Ors.), the operative portion of which for ready reference is quoted as under:-
" From the above recordal of facts and the statutory provision which applies, it is evident that the respondents were statutorily bound to pay interest on the delayed disbursal of gratuity. The contention advanced on behalf of the respondents with reference to the decision rendered by the Division Bench in Yogendra Nath Singh also, in the considered view of this Court, does not absolve them from the liability to pay interest since the decision merely declared and recognised the legal position with respect to the entitlement of an employee of the Agency to the payment of gratuity. The decision was only a recognition and reiteration of the legal position found to flow from the relevant statutory scheme and the status of the Agency. The decision is also not shown to have been provided to operate prospectively. This, the Court notes only as a matter of abundant caution since in any case it is well settled that the High Court does not have the power to either prospectively overrule or hold that its decision would have only prospective application. Accordingly and for all the aforesaid reasons, this Court finds itself unable to sustain the position as taken by the respondents.
The writ petition is accordingly allowed. The respondents are commanded to release interest on the gratuity which was disbursed in favour of the petitioner in accordance with the provisions of Section 7(3-A) of the 1972 Act. All payments shall be disbursed with expedition and in any case within a period of two months from date of presentation of a certified copy of this order before the concerned respondent."
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 three 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 :- 22.8.2019 SP/