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Satyadeo Prasad Yaav vs Sri ...

High Court Of Judicature at Allahabad|29 July, 2019

JUDGMENT / ORDER

1. It is informed that advocates are abstaining from work today.
2. Heard Mr. M.A.E Effendi, learned counsel for the petitioner, and Mr. Akhilesh Kumar Srivastava, learned counsel for the contemnor-respondent.
3. This Court vide judgment and order dated 20th February, 2017 disposed of Writ Petition No. 2950 (S/S) of 2002. The judgment and order, on reproduction, reads as under:-
"Heard Shri Akhilesh Kumar Srivastava, learned Counsel for the petitioner and Sri M.A.K.Effendi, learned Counsel for the private respondent.
In the instant writ petition, the petitioner has sought for quashing of the order dated 31.1.2002 whereby the Labour Court has directed the petitioners to pay a sum of Rs, 1,24,693.57/- together with the cost.
Today, learned Counsel for the petitioners has produced a copy of the order dated 17th February, 2017, a perusal whereof shows that after deliberations with the Counsel and the departmental authorities, the office of Transport Commissioner has directed the Regional Manager, Faizabad to take necessary steps for releasing a sum of Rs. 1,24,963.57/- i.e. the amount as directed by the Labour Court in its Award in favour of Satya Deo Prasaid [private respondent].
It has been vehemently argued by the Counsel for private respondent, that had the aforesaid amount been paid in the year 2002, he would have not suffered such a long mental trauma and harassment. Even otherwise,if the said amount would been kept in interest bearing account, by now it would have been more than the double. Therefore, it would be expedient to direct the petitioners to pay interest on the amount aforesaid from 31.1.2002 till the date of actual payment.
Considering the facts in its entirety, petitioners are directed to pay interest as given by the Bank on Fixed Deposits on the aforesaid amount from the date i.e. 31.1.2002 till the date of actual payment within a period of two months from date.
The writ petition stands disposed of in above terms."
4. Pursuant to issuance of contempt notice, affidavit of compliance of Mr. P. Gura Prasad, Managing Director, Uttar Pradesh State Road Transport Corporation, Terhi Kothi, Mahatma Gandhi Marg, U.P., Lucknow has been filed.
Along with the said compliance affidavit, fixed deposit rate of interest taken from the Punjab National Bank, where the Corporation has its account, has been placed on record as Annexure-3, from which it is evident that the rate of interest on fixed deposit is 6.7% in the said Bank.
5. It is not in dispute that the petitioner has been paid the entire amount with interest @ 6.7% on fixed deposit. Total amount of Rs.3,51,869/- (rupees three lakhs fifty one thousand eight hundred sixty nine), including Rs.1,24,963/- (One lakh twenty four thousand nine hundred sixty three) has been paid to the petitioner.
6. In view of the affidavit of compliance and payment made to the petitioner, as directed by this Court, nothing survives in this contempt petition, which is disposed of as having been rendered infructuous.
[Dinesh Kumar Singh,J.] Order Date :- 29.7.2019 MVS/-
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Title

Satyadeo Prasad Yaav vs Sri ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
29 July, 2019
Judges
  • Dinesh Kumar Singh