S.SARKAR Vs. R.D. KRISTAN

JUDGEMENT

(1.) WHY the appellants should have been forced to file these contempt applications for enforcement of the order passed by this Court as far back as on 30th April 1990 in Civil Appeal No. 2054 of 1990, is not without reason.

(2.) GRIEVANCE of the applicants is that despite clear findings recorded by this Court, opposite parties are going back on it and persisting the implementation of the order in a manner which frustrates the entire purpose for which the applicants approached this Court and is a clear violation of directions of this Court issued on 30th April 1990.

(3.) ATTEMPT was made by the learned senior counsel to urge that it shall disturb seniority and may result in extending it to many others. We are afraid that this Court in these applications is concerned with the implementation of the order passed by it and not whether the order passed by it was correct or not. Neither of these submissions were raised earlier and if had been raised, they should be deemed to have been rejected. Even earlier it had been made clear that no one promoted shall be disturbed. We, therefore, direct opposite parties to implement the order of this Court in respect of 204/206 employees by applying alternative -II to them for purposes of determining their placement and promotion. After their placements and promotions are so determined under alternative - II then they may be governed by the present alternative for further promotions. Six months' time was granted in 1990. The opposite parties have delayed it by nearly two and half years. We direct the opposite parties to finalise it within two months from today. The promotions and all benefits shall be given retrospectively. No application for further extension by opposite parties shall be entertained. Failure to comply with the directions shall not be treated lightly in future. We are not taking any action in the circumstances for the present. The contempt applications are disposed of accordingly. But the respondents shall pay a sum of Rs.5,000 - as costs to the applicants.