Contempt petition alleging non-compliance of a writ order directing payment of dues. Respondents admitted entitlement of Rs.22,44,000/- and made a supplementary demand proposal for funds. Court directed payment within three months and left the disputed balance to the Civil Court.
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GAHC010072422022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/227/2022
HIGHBROW
REP. BY ITS SECRETARY, HASINA RAHMAN CHOUDHURY, D/O. LT. MATABUR RAHMAN CHOUDHURY, VILL. DIMPUR, P.O. BISHNU NAGAR, DIST. KARIMGANJ, ASSAM, PIN-788781.
VERSUS
KASTURI BHARALI AND ORS.
THE DIRECTOR, EMPLOYMENT AND CRAFTSMAN TRAINING AND MEMBER SECRETARY, ASSAM SKILL DEVELOPMENT INITIATIVE SOCIETY, ASSAM, REHABARI, GUWAHATI-781008.
2:MS ARTI AHUJA
THE SECRETARY TO THE MINISTRY OF LABOUR AND EMPLOYMENT AND TRAINING GOVT. OF INDIA SHRAM SHAKTI BHAWAN RAFI MARG NEW DELHI-110001.
3:MR. ATUL KUMAR TIWARI
THE SECRETARY OF THE MINISTRY OF SKILL DEVELOPMENT AND ENTREPRENEURSHIP GOVT. OF INDIA ROOM NO. 524 SHRAM SHAKTI BHAWAN RAFI MARG NEW DELHI-110001.
4:B KALYAN CHAKRAVARTHY PRINCIPAL SECRETARY SKILL EMPLOYMENT AND ENTREPRENEURSHIP DEPARTMENT BLOCK-D 1 st FLOOR ASSAM SECRETARIAT DISPUR
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GUWAHATI-06
5:ANANT LAL GYANI THE DIRECTOR EMPLOYMENT AND CRAFTSMAN TRAINING AND MEMBER SECRETARY ASSAM SKILL DEVELOPMENT INITIATIVE SOCIETY ASSAM REHABARI GUWAHATI-78100
Advocate for the Petitioner : MR. S K DAS, MR R KARIM,MR D BARMAN
Advocate for the Respondent : MR S P DAS, MS. L DEVI (r-3),MR. R K D CHOUDHURY (r-3)
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
08.08.2024
1 . Heard Mr. S.K. Das, learned counsel for the petitioner and Mr. S.P. Das, learned counsel for the respondent nos.1, 4 & 5. Mr. R.K.D. Choudhury, Dy SGI appears for the respondent no.3.
2 . Mr. S.K. Das, learned counsel for the petitioner submits that the order dated 30.07.2021 passed in WP(C) 4709/2020 has not been complied with, inasmuch as, a direction had been issued to the respondents to verify the claims of the petitioner and to make payment of the admitted dues payable to the petitioner. The petitioner’s counsel submits that the petitioner’s dues were Rs.38,33,500/- and out of which an amount of Rs.6,72,672/- had been paid. However, the remaining balance amount of Rs.31,60,828/- has not been paid by the State respondents.
3 . Mr. S.P. Das, learned counsel for the respondent nos.1, 4 & 5 submits that on verification of the dues of the petitioner, it was found that the petitioner was entitled to payment of Rs.22,44,000/- and that the reason for the same is
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provided in the order dated 13.07.2022 issued by the Director, Employment & Craftsman Training, Assam.
4 . Mr. S.P. Das, learned counsel for the respondent nos.1, 4 & 5 submits that for getting the sanction and funds for payment of the admitted dues to the petitioner, supplementary demand proposal has been made, vide letter ECF No.DCT/477556/1/674479/2024 dated 07.08.2024 issued by the respondent no.5 and addressed to the respondent no.4. The said letter is made a part of the record and marked as Annexure-X.
6 . As the respondents have admitted that the petitioner is entitled to the admitted dues of Rs.22,44,000/-, the respondents are directed to make payment of the same, after obtaining the necessary sanction and funds, within a period of 3 (three) months from the date of receipt of a copy of this order. With regard to the disputed amount, the petitioner is given the liberty to approach the Civil Court as per law.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the respondents complied with the order dated 30.07.2021 in WP(C) 4709/2020 directing payment of admitted dues to the petitioner.
HIGHBROW
KASTURI BHARALI
THE DIRECTOR, EMPLOYMENT AND CRAFTSMAN TRAINING AND MEMBER SECRETARY, ASSAM SKILL DEVELOPMENT INITIATIVE SOCIETY, ASSAM
THE SECRETARY TO THE MINISTRY OF LABOUR AND EMPLOYMENT AND TRAINING GOVT. OF INDIA
THE SECRETARY OF THE MINISTRY OF SKILL DEVELOPMENT AND ENTREPRENEURSHIP GOVT. OF INDIA
B KALYAN CHAKRAVARTHY PRINCIPAL SECRETARY SKILL EMPLOYMENT AND ENTREPRENEURSHIP DEPARTMENT
MICHAEL ZOTHANKHUMA
As recorded by the court registry
Proceedings for wilful disobedience of a court order under the Contempt of Courts Act 1971.
Judgements on the same questions, provisions and authorities, from every court
