Disposed

Sujan Singh S/O. Shri Ramjilal v. Shri Naveen Raj Sharma

Rajasthan HC11 Mar 2024CCP/682/2022

Case brief

AI extract

What is this about?

This contempt petition challenged non-compliance with a writ order directing payment of last drawn wages to a workman. The respondents submitted that the payment was sanctioned and would be credited by a specified deadline. The High Court accepted the submission and disposed of the contempt petition.

What did the court decide?

The contempt petition was disposed of.

Sujan Singh S/O. Shri Ramjilal Vs Shri Naveen Raj… — Service and Employment | Rajasthan HC (2024)

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[2024:RJ-JP:12073-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Contempt Petition No. 682/2022

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D.B. Civil Special Appeal (Writ) No. 332/2020 In

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S.B. Civil Writ Petition No. 573/2019

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Sujan Singh S/o. Shri Ramjilal, Aged About 52 Years, R/o Kali Pahadi, Post Sehra Tehsil Rajgarh, District Alwar.

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----Petitioner

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Versus

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Shri Naveen Raj Sharma, Assistant Engineer, Public Health Engineering Department, Sub Division Rajgarh, Alwar.

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Shri Sunil Garg, Executive Engineering, Public Health Engineering Department, Manu Marg, Alwar.

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----Respondents

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For Petitioner(s) : Mr. Vinod Kumar Singhal, Advocate For Respondent(s) : Mr. G.S. Gill, AAG through VC with Mr. Manoj Choudhary, Advocate

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HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE BHUWAN GOYAL Order

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11/03/2024

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Avneesh Jhingan, J (Oral):-

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This contempt petition is filed with pleadings that the directions of this Court passed in D.B. Civil Special Appeal (Writ) No.332/2020 are not being complied with by the respondents.

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The operational part of the order passed in appeal is reproduced as below:-

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“Since there is an award of reinstatement in

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favour of the workman and the employer has already preferred proceedings before this Court (Writ Petition has been filed), the employer becomes liable to pay to

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(2 of 2)

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[2024:RJ-JP:12073-DB]

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[CCP-682/2022]

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the workman, during the pendency of the proceedings, full wages last drawn by him, inclusive of maintenance allowance admissible to him under any rule. However, such relief can be granted only when the workman makes a statement on affidavit that he had not been employed in any establishment during such period. The appellant has stated that he has no source of income, implying that he is not employed in any establishment.

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In view of the above clear prescription of law, the appellant is entitled to be paid last drawn wages as there is an award of reinstatement in his favour.

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We are inclined to allow the appeal and the order passed by learned Single Judge is set aside. The respondent shall be liable to pay last drawn wages to the employee from the date of the award of reinstatement.”

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Mr. G.S. Gill, learned Additional Advocate General for the respondents, on instructions, submits that State Government on 29.02.2024 has issued a sanction letter and in pursuance to that on 05.03.2024 Chief Engineer had further sanctioned the payment. The submission is that the entire payment shall be credited in the account of the petitioner on or before 30.04.2024.

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In view of the submission made, the contempt petition is disposed of.

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Needless to say, in case of failure of the respondents to adhere to the statement made today in the Court, petitioner shall be at liberty to move an application for revival of the contempt petition.

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(BHUWAN GOYAL),J

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(AVNEESH JHINGAN),J

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Mohita /13

Sujan Singh S/O. Shri Ramjilal v. Shri Naveen Raj Sharma

Case brief

What is this about?

What did the court decide?

Sujan Singh S/O. Shri Ramjilal v. Shri Naveen Raj Sharma

Case brief

What is this about?

What did the court decide?

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