The applicant has preferred the present contempt application for non-compliance and willful disobedience of the judgement and order dated 19.11.2020 passed in Writ Petition No. - 18670 of 2020 (Santosh Kumar Tiwari Vs. State of U.P. and others). The aforesaid order is quoted below:-
"1.Heard learned counsel for the petitioner and learned Standing Counsel.
2. It appears that recovery proceeding instituted by the petitioner pursuant to the award of the learned labour court has remained pending so long. In that regard reference has also been made to the order dated 14.11.2018 passed by the Court in Writ-C No.33482 of 2018 whereby the challenge raised by the respondent employer for proceeding Under section 33 (C) (2) of the Industrial Dispute Act, 1947 had been dismissed. The said order has attained finality.
3. Be that as it may, at present recovery certificate is stated to have been issued on 06.09.2019 by the Assistant Labour Commissioner, Kanpur Region, Kanpur.
4. In view of the above, writ petition is disposed of with the direction that the concerned authority shall conclude the recovery proceeding expeditiously as possible within a period of six months from the date of production of copy of this order unless there is any legal impediment."
Learned counsel for the applicant submits that a copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have willfully not complied with the order and, thus, have committed civil contempt for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out but from perusal of the record and other circumstances, this court is of the opinion that due to Covid-19 and other circumstances, the courts would not function properly despite this, it is expected from the court below to comply with the order of this Court in its letter and spirit.
In this view of the matter, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite party to comply with the aforesaid order of the Court within three months from the date of production of a certified copy of this order.
Accordingly, the present contempt application is disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 26.8.2021 saqlain