ATAL BIHARI BHARDWAJ Vs. VEENA PRADHAN, MANAGING DIRECTOR, RAJ. STATE SAHAKARI SPINNING & GINNING MILLS LTD.

JUDGEMENT

(1.) This contempt petition has been filed alleging noncompliance of judgment dtd. 11/4/2018 passed by this Court.

(2.) Learned counsel for the petitioner submitted that the petitioner served the respondent on consolidated salary from 27/12/1993 to 30/9/1995. When his services were retrenched, industrial dispute was raised on his behalf by the Union. The Labour Court vide award dtd. 18/5/1999 declared his retrenchment to be illegal and held him entitled to reinstatement with full back wages and continuity of service with all consequential benefits along with cost of Rs.300.00. Being aggrieved, S.B. Civil Writ Petition No. 1219/2000 was filed by the respondent against the aforesaid award. Learned Single Judge of this Court vide judgment dtd. 3/8/2017 while upholding the award in respect of reinstatement of the petitioner, modified the same with regard to consequential benefits and directed that actual back wages would be granted to the petitioner only to the extent of 25%. Division Bench of this Court vide judgment dtd. 11/4/2018 dismissed the appeal filed against the aforesaid judgment of the learned Single Judge.

(3.) Learned counsel for the petitioner submitted that the petitioner filed D.B. Writ Miscellaneous Application No. 228/2018. Division Bench of this Court vide order dtd. 12/7/2018 made it clear that it has not modified order of reinstatement and that it would be open for the petitioner to move contempt petition. It is therefore that the petitioner has filed present contempt petition. Learned counsel submitted that though the respondent has reinstated the petitioner, but it is still paying him consolidated salary of Rs.1,500.00 per month which tantamounts to exploitation. The petitioner is entitled to regular pay scale and regularisation of service. Learned counsel cited judgment of this Court in RIICO v. General Secretary, Rajasthan Public Sector Employees Union, 2015 (4) WLC (Raj.) 550 wherein the respondent was reinstated pursuant to an award passed by the Industrial Tribunal with full back wages and all the consequential benefits. The respondent therein was held entitled for regular pay scale subject to passing of typing test, which he already cleared. It is contended that the petitioner has already cleared typing test. In fact, the Registrar, Cooperative Societies, Rajasthan, Jaipur vide communication dtd. 26/7/2019 addressed to Liquidator, Spinfed, Jaipur has directed to pay to the petitioner regular pay scale rather than a sum of Rs.1,500.00 per month only, which does not appear to be justified in the present times. It has been further observed that after grant of regular pay scale to the petitioner, he may be adjusted in some other department either by deputation or absorption like other employees of Spinfed were adjusted.