Court dismissed two contempt applications alleging wilful disobedience of a writ court order regarding minimum pay. The respondent submitted affidavits showing payment of wages at a fixed government rate, which was accepted as compliance.
Both the contempt applications were dismissed.
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Court No. - 5
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5011 of 2010
Applicant :- Smt. Rani Bai Opposite Party :- B.K. Chopra Divisional Forest Officer Counsel for Applicant :- D.S. Srivastava Counsel for Opposite Party :- S.C.
AND
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5012 of 2010
Applicant :- Chhottan Opposite Party :- B.K. Chopra Divisional Forest Officer Counsel for Applicant :- D.S. Srivastava Counsel for Opposite Party :- S.C.
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri D.S. Srivastava, learned counsel for the applicants and Sri D.N. Mishra, learned standing counsel for the State-authorities.
Rejoinder affidavit dated 01.12.2019 filed today, is taken on record.
These two contempt applications have been filed alleging that the opposite parties have wilfully disobeyed the order of the writ court dated 21.07.2010 in Civil Misc. Writ Petition No.42137 of 2010 (Smt. Rani vs. State of U.P. and others), wherein following the judgment of Putti Lal's case, it was held that the petitioners are entitled to minimum pay scale without any benefit of allowances. An affidavit of compliance dated 23.07.2019 has been filed by opposite party No.2 in CONTEMPT APPLICATION (CIVIL) No. - 5011 of 2010. In paragraphs 14 and 15 of the affidavit, it has been stated, as under:
"14. That, the petitioner/ applicant is engaged for seasonal work and she is paid her daily wage as per the rate fixed by the Government Order dated 12.06.2018. True photocopy of the Government Order dated 12.06.2018 is being annexed herewith and marked as ANNEXURE NO.4 to this affidavit.
15. That, as per the Government Order 12.06.2018, the rate has been fixed as Rs.175/- per day for the engagement of the applicant and the day on which the applicant works in the Forest Department, she has been paid her wages as per the rate of Rs.175/- per day."
In another affidavit of compliance dated 14.11.2019 filed by opposite party No.2 in CONTEMPT APPLICATION (CIVIL) No. - 5011 of 2010, it has been stated in paragraph-7 as under:
"That the petitioner is working from December 2000 as a daily wager, therefore, the circular issued in compliance of the order of Hon'ble Supreme Court dated 21.02.2002 only provides regularization as well as minimum pay to those daily wagers who were working continuously in the Forest Department before 29.06.1991, therefore, the claim of the petitioner for minimum pay could not be considered and he is being paid daily wage @ Rs.175/- per day as per the Govt. Order dated 12.06.2018. True photocopy of the Govt. Order dated 12.06.2018 is being annexed herewith and marked as ANNEXURE NO.3 to this affidavit."
Learned counsel for the applicants admits before this court that minimum wages has been paid to the applicants.
In view of the aforesaid, no case has been made out indicating wilful disobedience of the aforesaid order of the writ court. Both the aforesaid contempt applications are dismissed .
Order Date :- 2.12.2019 NLY
2 issues framed by the court
Whether the applicants have wilfully disobeyed the order of the writ court regarding minimum pay.
Whether the payment of daily wages as per Government Order satisfies the court's earlier directive.
Smt. Rani Bai
B.K. Chopra
Chhottan
B.K. Chopra
Surya Prakash Kesarwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
