SHIV KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner -Cooperative Society shall pay arrears of salary to respondent No.4 within three months from today and current salary regularly, provided, resodnent -4 gives a certificate that he was not gainfully employed during the period in question. As an appeal against the judgment of acquittal in a murder case is pending in this court and there are also charges of misappropriation of funds against respondent -4, the petitioner -Society need not re -instate resodnent -4 in service for a period of six months and within this period the enquiry shall be completed."

(2.) As regards the payment of arrears of salary and current salary, the stand taken by the Society is that the petitioner had produced a certificate of unemployment but it was found to be false on enquiry made by them. According to them, the petitioner was gainfully employed during the relevant period and the certificates to that effect were issued by the Pradhan of the Gram Panchayat. That statement is disputed by the petitioner, according to whom he was only an honorary Cashier in the Society which was registered in 1992 under the provisions of the Societies Registration Act. He was not receiving any salary or honorarium. According to him he was only doing free service to the Society which was registered at the instance of one members of his family. This question is a disputed question of fact and it has to be decided before we can hold the respondents to be guilty of contempt of court. In such circumstances, we are of the opinion that the stand taken by the respondent is on a bona -fide impression that the petitioner had been gainfully employed during the relevant period and that is why they have not complied with the direction to pay the petitioner arrears of salary and current salary. Hence, we hold that the respondents are not guilty of contempt on the first charge.

(3.) However, we direct the Deputy Registrar of the Cooperative Societies who is the Incharge of District at Dharamshala to hold an enquiry immediately as to whether the petitioner was gainfully employed during the relevant period. The Deputy Registrar shall conclude the said enquiry within a period of four weeks from this date and come to conclusion whether the case of the petitioner is correct or not. If he comes to the conclusion that the petitioner was not gainfully employed, the respondents shall pay all the arrears of salary due to the petitioner upto date within a period of two weeks of such decision. Thereafter the respondents 1 and 2 shall also pay the current salary to the petitioner very month regularly.