SURAJ BHAN Vs. R.P. BHARDWAJ

JUDGEMENT

(1.) In the Civil Writ Petition No. 15191 of 1989, the Bench on November 28, 1989 while admitting the same ordered operation of the order Annexure P/22 to be stayed. Copy of Annexure P/22 filed with the Writ Petition has been filed as Annexure P/1 in the present petition. This shows that services of the petitioner were ordered to be terminated in view of Section 25(f) of the Industrial Disputes Act, w.e.f November 30, 1989.

(2.) According to the contention of the petitioner, the order was handed over in the office of the respondent and a copy of the order was also sent by registered post. The petitioner continued working in the office. However, w.e.f December 1, 1989, he was not paid the salary. This led the petitioner to file the present petition for taking contempt proceedings against the respondent Shri R.P. Bhardwaj, General Manager, Haryana Roadways Depot, Jind.

(3.) In response to the show cause notice, reply has been filed inter alia alleging that though a copy of the stay order passed by the High Court was received in the office on December 4, 1989 by post, but the dealing Assistant did not bring it to the notice of the respondent. It was only after the notice of the contempt petition was received it came to light that the High Court had passed the order and he immediately made the order dated August 7, 1990 appointing the petitioner as carpenter w.e.f. December 1, 1989, copy of the order is Annexure R/1.