VIJAY BAHADUR @ AMAR BAHADUR Vs. UMA NATH TRIPATHI

JUDGEMENT

(1.) THE present Contempt Petition has been filed under sections 10/12 of the Contempt of Courts Act, 1971. It is, inter alia, prayed that the Opposite Parties be punished for allegedly having committed contempt of this Court by disobeying the order dated 3.2.1993 passed by this Court in Civil Misc. Writ Petition No. 8685 of 1991 Vijay Bahadur alias Amar Bahadur v. State of U.P. and others.

(2.) IT is, inter alia, alleged in the affidavit accompanying the Contempt Petition that by the order dated 3.2.1993 passed in the aforesaid Writ Petition No. 8685 of 1991, the aforesaid Writ Petition was allowed, inter alia/giving direction for regularization of the services of the petitioner -applicant as class IV employee and for payment of salary of class IV employee to the petitioner -applicant from January, 1990 within the period mentioned in the said order dated 3.2.1993; and that the certified copy of the said order dated 3.2.1993 passed in the said Writ Petition was served upon the Opposite Party No. 1 (Uma Nath Tripathi) alongwith an application on 6.2.1993; and that thereafter, the petitioner -applicant approached the Opposite Parties several times to comply with the said order, but the directions contained in the said order dated 3.2.1993 were not complied with by the Opposite Parties.

(3.) IN response to the said notice issued on the Contempt Petition, the Opposite Party No. 1 (Uma Nath Tripathi) filed his counter affidavit, sworn on 15.7.1993. It is, inter alia, stated in the said counter -affidavit that the Arm Sachiv, Vitt, Stamp and Registration, Anubhag of the Government of U.P., by letter No. SR709/ 11 -93 -300 -W -561/91 dated 4.3.1993 had requested the Inspector General (Registration), U.P., Allahabad to file a Special Leave to Appeal against the order dated 3.2.1993 passed by this Court; and that on the basis of the leter the Anu Sachiv; request was made by the Opposite Party No. 1 before Inspector General (Registration), U.P., Allahabad for filing a Special Labour Appeal; and that when sufficient time had lapsed the Opposite Party No complied with the direction contained in the said order dated 3.2.1993 regularization of the services of the petitioner -applicant by the order dated 9.7.1993; and that in pursuance of the said order dated 9.7.1993, the petitioner applicant (Vijay Bahadur) joined as IVth class Employee in regular capacity the office of Sub -Registrar, Badlapur on 12.7.1993. Copy of the said order dated 9.7.1993 has been filed as Annexure No C.A.I to the said counter -affidavit. Company of the joining report dated 12.7.1993 has been filed as Annexure No. C.A. II to the said counter -affidavit.