EIT SERVICES PVT LTD Vs. GOVERNMENT OF MAHARASHTRA

JUDGEMENT

(1.) We are constrained to note that prima facie there is no demonstrated compliance with the detailed and elaborate order of 6/5/2022 made at the admission stage. The operative portion of that order deals with a specific period and it reads thus:

(2.) It is clear that the order concerns itself with the amounts due after 1/4/2022. The reasons for that are set out in the body of the order. We will return to those facts at a later date, if necessary. But today there is no ambiguity at all that, until the 1st Respondent took charge of all the locations from the Petitioner under the contract of 30/12/2006, the amounts due to the Petitioner from 1/4/2022 were to be computed within four weeks, i.e., by 5/6/2022. Those amounts were to be paid on or before the 10th of each month, meaning that so long as the Petitioners were continued under the contract after 1/4/2022, they were entitled to receive a computed remuneration per month. That was to be paid before the 10th of each month. The first payment after 1/4/2022 was to be made by 10/6/2022.

(3.) The Petitioners filed a Contempt Petition. To this there is an Affidavit in Reply of one Mr Virendra Singh, then the Commissioner of the Directorate of Medical Education and Research ("DMER"), Maharashtra State. That Affidavit is most unfortunate in several respects. Paragraphs 6 and 7 at pages 151 to 153 read as follows: