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N.D.M.C. Auto Workshop Employees ... vs Rajendra Prasad Sati , Director, New ... on 10 February, 2022

Author: Najmi Waziri

Bench: Najmi Waziri

                              $~1(1)
                              *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +     CONT.CAS(C) 374/2019
                                    N.D.M.C. AUTO WORKSHOP EMPLOYEES ASSOCIATION
                                                                                               ..... Petitioner
                                                        Through:     Ms. Rashmi Chopra, Advocate.

                                                        versus

                                    RAJENDRA PRASAD SATI , DIRECTOR, NEW DELHI
                                    MUNICIPAL COUNCIL                           ..... Respondent
                                                 Through: Mr. Anirudh Mehrotra, proxy counsel
                                                           for Mr. Jagdeep Sharma, ASC.

                                    CORAM:
                                    HON'BLE MR. JUSTICE NAJMI WAZIRI
                                                 ORDER

% 10.02.2022 The hearing was conducted through video conferencing.

1. On 08.01.2020, this court had passed the following order:

"Vide order dated 04.10.2018 the Division Bench had directed to give effect to CAT's orders within 10 weeks from that day and pass individual pay fixation and fitment orders. The directions of the Division Bench were not complied with within the time stipulated and it resulted into filing of the instant contempt petitions. The notices of the contempt petition No.290/2019 & 374/2019 came to be issued on 05.04.2019 and 01.05.2019, respectively. On 05.12.2019, the Court gave a further direction for remittance of the dues of the petitioners within four weeks from that day. It has not happened till date. Though the ld. counsel appearing for the respondent states that the payment has been released and it shall be remitted to the petitioners in a day, the fact remains none of the orders Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:11.02.2022 17:52:56 passed since 04.10.2018 has been given effect to. Is it, the concerned officers / officials are bent upon to go their way and not bother about the orders of the Court and the concerns of their employees, who were forced litigation and are still struggling to get their dues. Apparently, it is a clear violation of the orders and the directions given by the Courts, repeatedly. Not only that, the concerned Director has also failed to appear inspite of the specific directions of the Court.

Issue Show Cause Notice for contempt against the respondent. Mr.Sharma, ld. Addl. Standing Counsel accepts notice on behalf of the respondent. Reply(ies) may be filed within four weeks.

List on 22.07.2020, when the respondent shall remain present before the Court."

2. A reply to the contempt notice was filed on 04.02.2020.

3. The learned counsel for the petitioner submits that there has been a grudging and partial compliance of the writ court‟s directions. The affidavit filed on behalf of the respondent is silent on essential aspects of payment of full monies to the petitioners. Even the computation has not been furnished to them.

4. An adjournment is sought on account of indisposition of the learned counsel for NDMC.

5. Renotify on 23.05.2022.

6. It will be open to the respondent to reconsider the petitioner‟s case and pay the outstanding amounts, as may be, within a period of four weeks, along with the computation for the amounts released to each of the petitioners. This is all the more imperative in view of the fact that the petitioners have long since superannuated. It will be open to the petitioner to approach the court in case of non-compliance.

7. The order be uploaded on the website forthwith.

NAJMI WAZIRI, J FEBRUARY 10, 2022 SS Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:11.02.2022 17:52:56