Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5076 of 2019 Applicant :- Smt. Rajni And Another Opposite Party :- Ram Autar Srivas, Deputy Labour Commissioner And Another Counsel for Applicant :- Shyam Narain,Sudhanshu Narain
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicants.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the interim order dated 26.03.2019 passed in First Appeal From order No.789 of 2019 (Lala Vikas v. Rajni & Anr.). For ready reference the order dated 26.03.2019 is quoted as under:-
"Heard learned counsel for the appellant.
Sri Sudhanshu Narain, Advocate is representing respondent no.1. The appeal is admitted on the following substantial question of law:-
"(E). Whether the finding of the Court below on the question of existence of master- servant relationship is illegal and is based on surmises and conjuncture?
Issue notice to the respondent no.2.
Steps by both modes, i.e., by ordinary post as well as registered post be taken for service of notice upon respondent no.2 within ten days.
All the respondents are granted four weeks time to file counter affidavit.
Out of the amount, so deposited, the Commissioner under the Workmen's Compensation Act, 1923/Deputy Labour Commissioner, Labour Colony, Saharanpur is directed to release 50% of the awarded amount in favour of claimants/respondents without furnishing security and balance 50% of the amount shall be invested in the F.D.R. for a period of three years which shall be renewed from time to time.
List after four weeks with service report."
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 party no.1 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/