ASHIWANI KUMAR SRIVASTAVA Vs. ANWARUL HASSAN

JUDGEMENT

(1.) This is an application under Section 12 of the Contempt of Courts Act, 1971 (hereinafter referred to as 'the Act') with the prayer that the respondents be punished for disobeying the orders passed by this Court in second appeal No. 2451 of 1984 arising out of Original Suit No. 668 of 1978.

(2.) Briefly stated, the facts of the case are that the services of late Ashiwani Kumar Srivastava, who was an employee of New India Assurance Company Ltd. were terminated in the year 1972. He filed Civil Suit No. 568 of 1978 in the Court of Munsif West, Allahabad challenging the order of termination. The aforesaid suit was dismissed. He filed appeal, which was allowed on 31-7-1984 by the I Additional District Judge, Allahabad. Following order was passed by the appellate Court :-"The appeal is allowed with costs throughout, the judgment along with the decree is set aside, and it is hereby declared that the plaintiff still continues in service of the New India Assurance Co. Ltd., and is entitled to attend the office, discharge his duties and draw his pay and allowances as admissible from time to time. Fifteen days time is allowed to the defendants to enforce the decree of the Court failing which they will be liable in contempt."New India Assurance Company filed a Second Appeal No. 2461 of 1984 before this Court, which was dismissed on 24-1-1986. A review petition was preferred which too was dismissed by this Court on 7-8-1986. Late Ashiwini Kumar Srivastava moved a number of applications for implementing the order passed by the appellate Court on 31-7-1984 and as confirmed in Second Appeal by this Court. A letter dated 9-10-1986 was issued to late Ashiwini Kumar Srivastava by the company to join the duties at the Naini Branch, Allahabad. Subsequently, it transpired that late Ashiwini Kumar Srivastava had already attained the age of superannuation on 31/05/1986 (as his date of Birth was 14/05/1926).Consequently, by another letter dated 13-10-1986, the earlier letter dated 9-10-1986 whereby the late petitioner was asked to join the duties, was cancelled. During the pendency of the petition, the original petitioner, namely, Ashiwini Kumar Srivastava, died and in his place, his brother Jitendra Kumar has been substituted as his legal representative.

(3.) In the contempt petition, S/Sri Anwarul Hasan, Divisional Manager and I.S. Mathur, Branch Manager were impleaded as respondents. Both of them filed separate counter-affidavits. Sri I. S. Mathur has pointed out that he has been unnecessarily impleaded as party to the contempt petition as the petitioner late Ashiwini Kumar Srivastava never worked in his Branch. Respondent No. 1, Sri Anwarul Hasan who had also been transferred as Senior Divisional Manager, Kanpur, in his counter-affidavit has mentioned that after the receipt of the orders of the Court, required papers were immediately sent to the Head Office of the company but the difficulty in the office was to find out the earlier service record of the petitioner, who was not even in the service of the present company, and as such Head Office is finding difficulty in ascertaining the correct amount of the past arrears payable to the petitioner. It was also averred that realising the difficulties of the petitioner, the company has agreed to make "On Account Payment" of Rs. 25,000.00 to the petitioner, which the petitioner had received through cheque. Sri Anwarul Hasan has since retired, from service. This contempt petition, therefore, does not survive against the original respondents, namely, S/Sri Anwarul Hasan and I. S. Mathur. The New India Assurance Company, the Divisional Manager and the Branch Manager of the said company have now been impleaded as respondents to the petition.