DILIP KUMAR SINGH CHOUDHARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This contempt petition arises in the wake of an application filed by the petitioner Dilip Kumar Singh Choudhary with a prayer to initiate contempt proceeding for willful disobedience of the order dated 20.04.1999 passed in L.P.A. No. 298 of 1996 (R) and violation of the affidavit of the opposite party No. 4 (Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Dhanbad) dated 07.09.1999 filed in M.J.C. No. 632 of 1996 (R) with M.J.C. No. 372 of 1999 (R). Earlier a writ application being C.W.J.C. No. 1969 of 1995(R) was filed by the Zila Parishad, Karamchari Sangh, Dhanbad (a registered society) with a prayer to pay arrears of salary from 1994 to the employees of Dhanbad Zila Parishad along with its continuous payment as well as to deposit the G.P.F. In the said writ application, Zila Parishad Dhanbad had taken the plea that since amount of grant and loan are not being paid by the State Government and further arrears of cess/royalty has not been paid by the State Government to Zila Parishad and if such amount is paid by the State Government regularly, employees of Zila Parishad, Dhanbad would be paid their arrears and they will also be paid the salary continuously from month to month and as and when it falls due.

(2.) The learned Single Judge disposed of the said writ application, i.e. C.W.J.C No. 1996 of 1995(R), vide judgment dated 19.07.1996, with the following directions:

(3.) Being aggrieved by the judgment of learned Single Judge, State of Bihar had filed L.P.A. No. 298 of 1996(R) challenging only one part of the judgment whereby and whereunder they were directed to release at least 5% of the total dues against head of cess/royalty upto year 1991 within a period of two months from the date of receipt of copy of the judgment Thus, direction No. 2 contained in the judgment dated 19.07.1996 was challenged vide L.P.A. No. 298 of 1996(R).