Satish Chandra Pandey Vs Prof. Soniya Nityanand, V.C. of Gandhi Memorial and Associated Hospital, Kgmu Lko. and Others — Allahabad HC (2024) — LawSathi Research

Satish Chandra Pandey Vs Prof. Soniya Nityanand, V.C. of Gandhi Memorial and Associated Hospital, Kgmu Lko. and Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the applicant to take appropriate remedy before the Hon'ble Tribunal for execution of the award, and to take appropriate remedy against the order dated 24.06.2024 passed by the Registrar, King George Medical University, Lucknow.

Issue for consideration

Whether the respondents are guilty of willful disobedience of the order dated 27.10.2023 passed in Writ-C No. 6677 of 2016 and the order dated 19.04.2024 passed by the Hon'ble Supreme Court in S.L.P. (C) No. 2719 of 2024, warranting punishment in contempt. +1 more

Court's answer

The contempt application is disposed of, with liberty to the applicant to take appropriate remedy before the Hon'ble Tribunal for execution of the award, and also to take appropriate remedy against the order dated 24.06.2024 passed by the Registrar, King George Medical University, Lucknow.

Ratio / Principle

In view of the existence of an appropriate mechanism under the provisions of the U.P. Industrial Dispute Act for execution of the award (a fact learned counsel for the applicant did not dispute), the applicant was relegated to that remedy before the Hon'ble Tribunal instead of being granted contempt action against the respondents.

Detailed headnote1 paragraphs

Contempt Application (Civil) No. 2576 of 2024 (Allahabad High Court, Lucknow Bench, Rajeev Singh, J.; order dated 8.7.2024): Applicant sought punishment of the opposite parties for willful disobedience of the High Court order dated 27.10.2023 in Writ-C No. 6677 of 2016 and the Supreme Court order dated 19.04.2024 in S.L.P. (C) No. 2719 of 2024, arising from the award dated 22.09.2015 of Industrial Tribunal Second, Lucknow (backwages modified by the Supreme Court). Counsel for the applicant did not dispute that an appropriate mechanism exists under the provisions of the U.P. Industrial Dispute Act for execution of the award. The Court disposed of the contempt application with liberty to the applicant to seek execution of the award before the Hon'ble Tribunal and also to take appropriate remedy against the order dated 24.06.2024 passed by the Registrar, King George Medical University, Lucknow, by which he was being insisted to join through outsourcing agency M/s Xeam Ventures Pvt. Ltd.

Neutral Citation No. - 2024:AHC-LKO:46053

Court No. - 17

Case :- CONTEMPT APPLICATION (CIVIL) No. - 2576 of 2024

Applicant :- Satish Chandra Pandey Opposite Party :- Prof. Soniya Nityanand, V.C. Of Gandhi Memorial And Associated Hospital, Kgmu Lko. And Others Counsel for Applicant :- Onkar Pandey,Prakash Chandra Baranwal

Hon'ble Rajeev Singh,J.

1. Heard.

The instant contempt application has been filed for punishing the respondents for willful disobedience of order dated 27.10.2023 passed in Writ-C No. 6677 of 2016 and order dated 19.04.2024 passed by Hon'ble Supreme Court in S.L.P. (C) No. 2719 of 2024.

Learned counsel for the applicant submits that controversy was decided by Industrial Tribunal Second, Lucknow vide order dated 22.09.2015 which was challenged before this Court by Superintendent Gandhi Memorial and Associated Hospital, Lucknow in Writ-C No. 6677 of 2016 which was dismissed on 27.10.2023, thereafter, aforesaid judgement was challenged in Special Leave to Appeal (C) No. 2719 of 2024 which was partly allowed by modifying award in relation to the grant of backwages, but till today order of award has not been complied with. He further submits that in place of executing the award, respondent authorities issued an order dated 24.06.2024, by which, the applicant is being insisted for joining through outsourcing agency M/s Xeam Ventures Pvt. Ltd., hence, respondents are violating directions of Hon'ble Supreme Court.

Learned counsel for the applicant does not dispute the fact that there is an appropriate mechanism under the provisions of U.P. Industrial Dispute Act for execution of award.

Thus, the contempt application is disposed of with liberty to the applicant to take appropriate remedy before Hon'ble Tribunal for execution of the award and he can also take appropriate remedy against the order dated 24.06.2024 passed by Registrar, King George Medical University, Lucknow.

Order Date :- 8.7.2024/Arpan

Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench