Rajasthan High Court - Jaipur
Shivraj & Others vs . Mr. Soni Lal Mahavar on 9 October, 2014
Author: Alok Sharma
Bench: Alok Sharma
Shivraj & Others Vs. Mr. Soni Lal Mahavar (S.B. Civil Contempt Petition No.881/2012) October 09, 2014. HON'BLE MR. JUSTICE ALOK SHARMA Mr. R.N. Sharma, for the petitioners. Mr. Saurabh Saraswat, Dy.GC on behalf of respondent. BY THE COURT:
Non compliance with the order dated 6-1-2012 passed in S.B. Civil Writ Petition No.1827/2009 has been alleged in this contempt petition.
It transpired during the hearing of the contempt petition that the Hon'ble Supreme Court in a similar matter as the one being agitated in this contempt petition, vide interim order dated 18-2-2013 in Special Leave to Appeal (Civil) CC No.3517/2013, while issuing notice on the State's SLP has directed that in the meantime there shall be stay as prayed for, subject to the petitioners ensuring payment of at least 50% of the current minimum wages in favour of respondents No.1 to 5 with effect from 1-2-2013.
Counsel for the respondent has submitted that in compliance with the order dated 18-2-2013 passed by the Hon'ble Supreme Court, the petitioners are being paid 50% of the current minimum wages, as is evident from the order dated 26-2-2013 passed by the Secretary and Commissioner, Panchayati Raj department. It has been submitted that in the circumstances, non payment of remainder amount under order dated 6-1-2012, which is at the foundation of this contempt petition cannot constitute contempt.
Mr. Raghunandan Sharma, learned counsel for the petitioner admits the fact that the petitioners are being paid 50% of the current minimum wages as directed in case of similarly situate employees by the Hon'ble Supreme Court under its interim order dated 18-2-2013.
On the facts on record, in my considered opinion this contempt petition cannot sustain for willful default cannot be attributed to the respondents and is dismissed. Notices are discharged.
The petitioners shall however be free to move an application for recall of this order and the revival of the contempt petition in the event the interim order dated 18-2-2013 passed by the Hon'ble Supreme Court is vacated, set aside or varied to the petitioners' advantage, or if otherwise the Special Leave to Appeal filed by the State is dismissed.
(Alok Sharma), J.
arn/ All corrections made in the order have been incorporated in the order being emailed.
Arun Kumar Sharma, Private Secretary.