KALLU SINGH RATHORE Vs. SHAILENDRA AGARWAL

JUDGEMENT

(1.) By order dated 07.01.2019, the Corporation was directed to file an affidavit of Financial Advisor and Chief Accounts Officer of the Corporation in relation to the requirements indicated in the said order.

(2.) The affidavit has been filed by one Mr. Gopal Vijay, Financial Advisor. The sum and substance of the affidavit is contained in para-10 and 17 of the said affidavit, wherein regarding the directions issued by this Court, it has been indicated that the Corporation is not in a position to make any other proposal except to keep on making the payment of retiral dues based upon the date of retirement irrespective of the fact whether an employee has filed the petition or not and that the Corporation is not in a position to give any definite time-line for payment of retiral dues.

(3.) The said stand of the Financial Advisor based on the state of financial health of the Corporation, though most unfortunate, wherein for lack of funds with the Corporation, the Corporation has no way but to surrender by indicating its inability to comply with the directions issued by this Court and relying on certain other orders passed by this Court in similar nature contempt petitions directing payment based on the date of retirement, a feeble assurance has been given.