This is a contempt application alleging wilful disobedience of an interim order. The court found that the affidavit of compliance stated the applicant had been reinstated and salary paid, a fact not disputed. Consequently, the court held the interim order was complied with and dismissed the application.
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Court No. - 5
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6055 of 2012
Applicant :- Balbeer Pal Opposite Party :- N.K. Singh Chauhan Nagar Ayukt Nagar Nigam Counsel for Applicant :- Miss. Bushra Maryam,Ramgee Prasad Counsel for Opposite Party :- S.C.,Y.S. Sachan
Hon'ble Surya Prakash Kesarwani,J.
Heard learned counsel for the applicant and the learned counsel for the respondent.
This contempt application has been filed alleging wilful disobedience of the interim order dated 18.1.2012 passed in Writ Petition No.33709 of 2011 (Nagar Ayukta v. Nagar Nigam v. Presiding Officer, Labour Court and another).
In paragraph Nos. 3, 4 and 5 of the affidavit of compliance dated 2.2.2013, the respondent has stated that the applicant has been reinstated by order dated 12.6.2012 and the current salary is being paid to him. This fact has not been disputed by the applicant in Supplementary Rejoinder Affidavit.
In view of the aforesaid, the interim order dated 18.1.2012 has been complied with by the respondent. Therefore, no case for contempt is made out. Accordingly, the contempt application is dismissed .
Order Date :- 21.11.2019 Ak/
2 issues framed by the court
Whether the respondent has complied with the interim order dated 18.1.2012 by reinstating the applicant and paying salary.
Whether a case for contempt is made out against the respondent for alleged wilful disobedience.
Balbeer Pal
N.K. Singh Chauhan Nagar Ayukt Nagar Nigam
Surya Prakash Kesarwani
As recorded by the court registry
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