LAWS(CA)-2013-6-1

SATYAPAL SINGH Vs. I.M.G. KHAN

Decided On June 11, 2013
Satyapal Singh and Ors. Appellant
V/S
I.M.G. Khan and Ors. Respondents

JUDGEMENT

(1.) PURSUANT to an order dated 26.2.2013 passed by CAT, Allahabad the Division Bench, CAT, Allahabad Bench consisting of Hon'ble Mr. Shashi Prakash, Member (A) and Hon'ble Ms. Jasmine Ahmed, Member (J) in M.A. No. 3242/2011 in Contempt Petition No. 164/2007 in O.A. No 1111/2000 (Satya Pal Singh v. Union of India and Others), referring the matter for decision by a larger bench, this case has been listed before us in furtherance of the order passed by Hon'ble Chairman, Central Administrative Tribunal as conveyed vide letters dated 15.4.2013 and 8.5.2013 to decide the matter: "Whether recall application is maintainable against the order passed in contempt case or not." The background facts are that after hearing the learned Counsel for the parties at length, the Central Administrative Tribunal, Allahabad Bench passed a detailed order dismissing the Civil Contempt Petition No. 164/2007 on 21.10.2011 which is extracted herein -below: -

(2.) THE present contempt petition has been filed under Section 17 of the CAT Act read with Rule 5 of the CAT Contempt of Court Act, 1987 for not compliance of the order dated 21st March, 2001 passed in O.A. No. 1111 of 2000.

(3.) COUNSEL for the applicant drew our attention to the letter dated 27.1.2009 and 27.12.2008 stating that the bonus was paid to Casual labour (Applicants) Rs. 12000 per year whereas regular employee has been paid Rs. 4276/ -, therefore, the respondents have not complied with the direction. He further submitted that respondents himself have issued the letter dated 8.12.1992 in which it is clearly mentioned that casual labours shall be treated at par with temporary Group 'D' employees and would be entitled to such benefits as are admissible to Group 'D' employees on regular basis.