The applicant has taken out present application seeking below mentioned relief and directions:
"8(B) This Hon'ble Court may be pleased to direct the opponent Nos. 1 and 2 to immediately comply with the direction issued by this Hon'ble Court on 24/12/2008 as well as order passed by the learned Tribunal dated 1/11/2007 and further be pleased to direct the opponent Nos. 1 and 2 to purge the contempt which they have committed of the order dated 24/12/2008 passed by this Hon'ble Court in Special Civil Application No. 5886/2008 and order dated 01.11.2007 passed by the learned Tribunal in Application no. 286 of 2006;"
The application came to be filed in January, 2011. The Court, in order dated 30/6/2011 directed issuance of notice to the respondent, which was to be made returnable on 15/7/2011.
Today, when the application is called out and taken up for hearing, learned advocate for the applicant is not present.
Even learned advocate for respondent no. 1 & 2 are also not present.
It appears that despite earlier directions, respondent authorities have not made payment to the applicant, as directed by earlier orders. The order dated 24/12/2008 has come to the notice of this Court. Though, almost three years have passed, respondent authorities have not complied the said directions, though the applicant has already filed undertaking. In compliance the undertaking is dated 28/1/2009 and is placed on record by the applicant at Annexure B page 17.
At this stage, learned advocate Mr. Dave has appeared and submitted that recently in February, 2012, an order has been passed so far as Gratuity and Provident Fund is concerned. However, arrears towards difference of salary and other benefits as per the order of Tribunal have not been paid to the applicant.
Therefore, present application is disposed of at this stage with below mentioned order and direction.
The respondent shall make necessary payment, if not paid earlier, as per the order dated 24/12/2008 within one week from today.
If the payment is not made then the Managing Trustee and the Principal of K. G. Trivedi Sadhna Vinay Mandir, Palid, Ahmedabad shall remain present in the Court on 17/4/2012.
For the limited purpose, petition being SCA no. 5886/2008 shall be listed on separate cause list on 17/4/2012. The copy of present order shall be maintained in SCA no. 5886/2008.
With the aforesaid clarification and directions, the application is disposed of. Direct service is permitted.
(K.M.THAKER, J) *asma Top