Girdhari Lal Koli vs Shri Rajesh Yadav And Another on 29 October, 2018

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Rajasthan High Court - Jaipur

Girdhari Lal Koli vs Shri Rajesh Yadav And Another on 29 October, 2018

Bench: Alok Sharma

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

            S.B. Civil Contempt Petition No. 437/2016

Girdhari Lal Koli, S/o Late Shri Rewar Mal Koli, aged about 62
years, R/o Mataji Ka Nala, Rajgarh, District Alwar
                                                       ----Petitioner
                              Versus
1. Shri Rajesh Yadav, Managing Director, Rajasthan State Road
Transport Corporation, Near Civil Line Railway Crossing, Jaipur
2. Shri Paramvir Singh Ranawat, Chief Manager, Rajasthan State
Road Transport Corporation, Khetri District Jhunjhunu (Raj.)
                                                     ----Respondent

For Petitioner(s)      :   Mr. Mohit Gupta
For Respondent(s)      :   Mr. Vinayak Joshi



            HON'BLE MR. JUSTICE ALOK SHARMA

                              Order

29/10/2018

Non compliance with the order dated 10.12.2015 in SBCWP No. 18329/2015 filed at the petitioner's instance is alleged in this contempt petition. The said writ petition was disposed of vide order dated 10.12.2015 with a direction that in case a representation alongwtih a copy of the judgment in the case of Prahlad Singh Versus The Managing Director, RSRTC & Ors. (S.B. Civil Writ Petition No. 14748/2014; decided on 28.9.2015) being submitted by the petitioner, the respondents consider the same in (2 of 3) [CCP-437/2016] the light of direction/s in the said judgment and if it were found to apply to the facts of the case, the petitioner's representation be accordingly decided by a speaking order.

At the out-set, Mr. Vinayak Joshi appearing for the respondents submitted that pursuant to the court's direction the petitioner's representation, as made, was considered. Thereon it was found that the petitioner was entitled to a sum of Rs. 7,25,400/- on various heads inclusive of interest as also overtime. That amount was paid to him vide cheque no. 571584 dated 14.7.2016. A copy of the order dated 29.10.2018 issued in this regard under the hand of the Chief Manager, Khetri Depot, RSRTC addressed to the Executive Manager (Law), RSRTC, Jaipur has been passed over to the court in the course of hearing of this petition and is taken on record.

Mr. Mohit Gupta, counsel for the petitioner however submitted that the said payment of Rs. 7,25,400/- is not full payment of dues of the petitioner.

Be as it may, the question of full payment of the amounts due to the petitioner being made or not cannot be (3 of 3) [CCP-437/2016] addressed in this contempt proceeding, which by definition is summary in nature. The determination of amounts due to the petitioner, if indeed short paid, as alleged, is necessarily the function of the jurisdictional Labour Court on an appropriate application being moved under Section 33(C)(2) of the Industrial Disputes Act, 1947. In the event of such an application, aforesaid, being filed by the petitioner, there is no reason to believe that it will not be addressed strictly in accordance with law and expeditiously by the concerned Labour Court.

In the circumstances, I find no force in this contempt petition. It is accordingly dismissed. Notices stand discharged. However, the petitioner, if aggrieved, shall be free to take his remedy, under the Industrial Disputes Act, 1947, as referred to above.

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Rajasthan High Court - Jaipur