RANJIT KUMAR DEB Vs. SIV SANKAR MISRA

JUDGEMENT

(1.) The allegation is that the judgment and order dated 24.6.93 passed by this Court in Civil Rule No. 595/88 was deliberately flouted by the contemner-Shri Siv Sankar Misra, Manager, Nilpur Tea Estate, PO Biswanath Chariali District Sonitpur, Assam. The relevant portion of that order dt 24.6.93 is as follows : "..the workman will be paid his arrear salary and he will be immediately reinstalled in his service with all the backwages and other benefits....."

(2.) As against this order there was a Writ Appeal being Writ Appeal No. 168/93 and that Writ Appeal was dismissed on 29.9.93. The allegation regarding violation of the order of this Court is in para 9 and 10 of this contempt petition. They are quoted below : "That this Hon'ble Court directed the management to reinstate the petitioner. In this case, the order of the management passed on 19.4.88 was also considered. After considering all facts, this Hon'ble Court directed the writ petitioner (Nilpur Tea Estate) to reinstate the petitioner. Even after this order, the Manager of the Tea Estate, the contemner No. 1 passed an order on 11.10.93. By this order the petitioner was informed - "Your service stood terminated with effect from 19th April, 1988 as already notified to you on the said date." A copy of the order dated 11.10.93 is annexed hereto and marked as Annexure-E. Para. 10. That the contemner No. 1 is deliberately disobeying the order passed by this Hon'ble Court. It is apparent on the face of the record. On several occasions he has had willfully disobeyed the order passed by this Hon'ble Court. The Labour Court passed an order in favour of the petitioner. The Management was directed to reinstate the petitioner with backwages as indicated in that award. The Management preferred a Writ Application, Civil Rule No. 595/88. The prayer for stay of the operation of the impugned award was dismissed. Despite this the petitioner was not reinstated. The contemner had no regard to the order passed by this Hon'ble Court. The petitioner's service was dismissed subject to the result of the Civil Rule No. 595/88 on 19.4.88. Thereafter, the Hon'ble Court passed its judgment on 24.6.93. The Management was directed to reinstate the petitioner. Inspite of this order, the contemner No. 1 passed an order whereby the petitioner was informed that his service stood terminated from 19.4.88. This order is in gross violation of the several orders passed by this Court."

(3.) The letter dated 11.10.93 by which the order of this Court alleged to be violated is Annexure-E to the application for contempt and that letter is quoted below : NILPUR TEA ESTATE PO Charali-Darrang (Assam) Telegram : "NILPUR" PHONE Charali-3 To Date: 11.10.93 Shri R.K. Deb, Proprietor, M/s. Sri Guru Medical Hall, Kochgaon, Charali. Dear Sir, REF : Your dismissal from service. Please refer to our letter dated 19th April, 1988 whereby while implementing the award of the Labour Court in Reference No. 21/84 concerning your dismissal from service, we reinstated you in service offering you to collect your dues from our office. As your reinstatement in service and our offer was subject to final decision in writ proceedings in Civil Rule No. 595/88 then pending before the Hon'ble High Court and as we while doing so decided not to take you back on duty and to continue you in service, we determined you employment for reasons stated in the said letter and it appears that notwithstanding our offer, you failed to collect your dues as also act in accordance with our orders determining your services afresh. You did not quit and vacate the staff quarter in your occupation as was expected of you. Subsequently you took interim orders of stay from the Hon'ble High Court whereby you were permitted to occupy the staff quarters during the pendency of proceedings before the Hon'ble High Court. Now that the Civil Rule No. 595/88 and Writ Appeal No. 168/93 arising therefrom have been finally disposed of as per judgment of the Division bench dated 29th September, 1993 in the of your Advocates upholding the award of the Labour Court your services stood determined with effect from 19th April, 1988 as already notified to you on the said day. You are now required to quit and vacate the staff quarter occupied by you forthwith ease action according to law would be taken against you holding you a tresspasser since after 29.9.93. You are also given liberty to collect your dues from our office as per directions of the award deeming you in service upto 19.4.88. Yours faithfully Sd/-Illegible, MANAGER"