Jammu & Kashmir High Court
Sham Lal vs Dalip Thusoo And Another on 10 February, 2022
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
Sr. No. 38
HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
AT JAMMU
CPSW No. 259/2017
IA Nos. 01/2017 & 01/2018
Sham Lal ....Petitioner/Appellant(s)
Through :- None
V/s
Dalip Thusoo and another ....Respondent(s)
Through :- Ms. Pallavi Sharma, Assisting counsel vice
Mr. Ravinder Gupta, AAG
Coram: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
ORDER
01. This is a petition for initiation of contempt proceedings against the respondents for willful disobedience and non-compliance of judgment dated 16.03.2016 passed in SWP No. 1951/2010 whereby a direction was issued to the respondents to consider the case of the petitioner for grant of same benefits as were given to respondent No. 4-Babu Ram w.e.f. the date the petitioner was made to work as Record Keeper/Works Supervisor provided that the benefits accorded shall be on notional basis but shall count towards seniority and other benefits. The respondents were given four weeks' time to pass a consideration order in this regard.
02. On being put on notice, respondents have filed statement of facts and have placed on record a detailed consideration order bearing No. 103 of 2019 dated 04.10.2019. Perusal of the consideration order placed on record shows that the case of the petitioner viz-a-viz respondent No. 4 has been considered in 2 CPSW No. 259/2017 compliance to the judgment passed by this Court and the petitioner has been accorded benefits which are detailed in para-19 of the consideration order.
03. In view of the compliance report filed and consideration order placed on record, no case for initiating contempt proceedings against the respondents is made out, therefore, the proceedings in the contempt petition are closed. It shall however, remain open for the petitioner to work out his remedy against the consideration order, if the petitioner still feels dissatisfied.
(Sanjeev Kumar) Judge Jammu:
10.02.2022 Angita Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No ANGITA DEVI 2022.02.14 11:54 I attest to the accuracy and integrity of this document