Rajasthan High Court - Jaipur
Smt. Nanchi Devi vs . Shri V.S. Singh & Others on 1 August, 2014
Author: Alok Sharma
Bench: Alok Sharma
1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH ORDER Smt. Nanchi Devi Vs. Shri V.S. Singh & Others (S.B. Civil Contempt Petition No.400/2011) Date of Order: August 01, 2014. PRESENT HON'BLE MR. JUSTICE ALOK SHARMA None for the petitioner. Mr. R.P. Gupta, Coordinator on behalf of respondents. BY THE COURT:
Willful default in not complying with the directions of this court under order dated 13-11-2009 passed in S.B. Civil Writ Petition No.14102/2009 has been alleged in this contempt petition.
The petitioner was initially engaged on daily wages in March, 1984 and terminated on 31-1-1989, entailing an industrial dispute. Reference was made to the Labour Court, which vide its award dated 29-1-2002 held the petitioner's termination to be bad in law and directed the Dy. Conservator of Forest Jaipur to reinstate the petitioner with continuity of service. The petitioner was also held entitled to fifty percent of back wages from the date of her termination till reinstatement. The petitioner was reinstated vide order dated 2-12-2003 pursuant to the award dated 29-1-2002. She was however not allowed the benefits under the award. In these circumstances, the petitioner approached this court praying that she 2 be held entitled to the semi permanent status under the then extant rules in view of her continuous employment effective March, 1984 till 2009 as held by the Labour Court.
On the said writ petition, this court without going into the merits of the case vide order dated 13-11-2009 directed the petitioner to make a representation ventilating her grievance of non grant of semi permanent status. It was further directed that the representation be objectively decided by a speaking order within three months.
In this contempt petition, the petitioner has stated that in spite of the representation having been made by the petitioner to the respondents under directions of this court it remained unattended. This has been stated by the petitioner to be willful default punishable as contempt under the Contempt of Court Act, 1971.
Reply to contempt petition has been filed. It has been submitted that on the representation being made by the petitioner, she has been paid fifty percent of her back wages for the period 1-41986 to 1-12-2003 after having been fixed her in the pay scale of 700-10-850-15-865 on the post of Kuli with the Forest Department. It has been further submitted that the petitioner has joined her duties effective 2-12-2003 and would be entitled to all benefits of a regular employee thereafter.
Having perused the contempt petition and reply thereto and in view of the submissions of Mr. R.P. Gupta, the Coordinator/ OIC in consonance with the reply to the contempt petition and orders annexed therewith, it is apparent that the order dated 13-11-2009 stands complied with.
3Consequently the contempt alleged does not survive and the petition is hence dismissed. Notices are discharged.
(Alok Sharma), J.
arn/ 4 All corrections made in the order have been incorporated in the order being emailed.
Arun Kumar Sharma, Private Secretary.