Court No. - 38
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5958 of 2021 Applicant :- Ram Swaroop Opposite Party :- Sri Aseem Mishra, General Manager,The Kisan Co- Operative Sugar Mills Ltd.
Counsel for Applicant :- Brij Raj Verma Hon'ble Jayant Banerji,J.
Heard Shri Brij Raj Verma, learned counsel for the applicant.
This contempt application has been filed alleging wilful disobedience of the order dated 19.03.2021 passed by this Court in Writ-A No.3358 of 2021. The order of the Court is as under:-
"Heard learned counsel for the petitioner, Sri Ravindra Singh, learned counsel for the respondent no.2 and learned Standing Counsel for the State.
Petitioner has superannuated from the employment of respondent no.2 on 31.01.2020. He has approached this Court with the grievance that retiral benefits due and payable to petitioner has not been paid so far.
The services of petitioner are governed by Uttar Pradesh Co-operative Sugar Mills and Distilleries Employees Service Regulations, 2015. Once the petitioner has already retired in the year 2018, there is no justification for withholding his retiral dues for long.
In the aforesaid facts and circumstances, this writ petition stands disposed of with a direction upon the respondent no.2 to accord consideration to petitioner's claim and to ensure that all withheld retiral benefits are released within a period of four months from today, failing which petitioner would also be entitled to payment of interest in terms of the applicable govt. order/scheme"
Since there is a direction by this Court that in case of failure for payment of the retiral dues within a period of four months, the applicant/petitioner would also be entitled to payment of interest in terms of the applicable Government Order/Scheme, it cannot be said that there is wilful and deliberate disobedience of the order passed by the writ Court just because the retiral dues have not been paid.
This contempt application is, accordingly, dismissed.
Order Date :- 22.12.2021 SK (Jayant Banerji, J.)