PUJA Vs. VIKAS NEGI

JUDGEMENT

(1.) By way of instant petition, the petitioner has approached this Court for initiating proceedings, against respondents, under the Contempt of Courts Act with the allegation that they have willfully and deliberately disobeyed the judgment/order dtd. 26/2/2022 passed by this Court in LPA No. 258 of 2012, titled as State Bank of India and another vs. Puja.

(2.) Brief facts necessary for adjudication of the petition can be summed up as under:

(3.) According to petitioner, the issuance of letter dtd. 26/8/2022 by the Bank to petitioner is contemptuous being in violation of the award dtd. 7/9/2010 passed by learned Tribunal and further affirmed by this Court in LPA No. 258 of 2012. It is alleged that the respondents have intentionally and deliberately violated the judgment passed by this Court. It has been contended on behalf of the petitioner that the plea raised regarding outsourcing of housekeeping and maintenance services as reason for retrenchment of petitioner is not available to the Bank at this stage as no such plea was raised by the Bank either before the Tribunal or this Court. During the entire litigation, the Bank had sought to defeat the claim of the petitioner on the ground that she was not the employee of the Bank and was an outsourced employee of a contractor employed by the Bank.