MOHD SHAFI PANDIT Vs. MOHD YOUSUF MAGRAY

JUDGEMENT

(1.) ON 30.12.2002, in Contempt proceedings 443/01, Ld. Single Judge, after taking note of alleged release of Rs.65 lacs by the respondents to meet the liability of the petitioner employees of CONFED, ordered that the grants so released be utilized to disburse/adjust the arrears of the employees within a period of 15 days (Annexure -B). However, when the matter came again on board on 4.2.2003, the Ld. Single Judge again directed implementation of the above order qua disbursement of employees arrears. While doing so, the objections raised thereto by respondents in CMP No. 136/03 were overruled (Annexure -A).

(2.) AGAIN these two orders the respondent - State and its authorities have preferred this LPA.

(3.) THE Ld. Counsel for respondents to this appeal Mr. A.M. Dar has raised preliminary objections to the maintainability of the appeal as also contested the appeal on merits, inasmuch as, the counsel submits that an appeal in contempt can only lie U/s 19 of the J&K Contempt Court Act, 1997, when an order or judgment is passed by the Ld. Single Judge to punish for the contempt. However in this case no such order has been passed and there is no finding recorded that this is a case of wilful disobedience of the order/direction of the court. On merits the counsel submits that the State Government and its authorities respondents to the writ petition are under a duty to pay/disburse the salary/wages to the employee of the CONFED and the respondents cannot evade or by -pass payment of arrears of salary and wages to the employees on any pretext. It is no defense to refuse to pay the employees on the premise that CONFED is running in Red.