This petition challenging alleged non-compliance of an order directing payment of gratuity and retirement benefits was dismissed as the respondent affirmed that the petitioner had received the payment.
Contempt petition dismissed; notice against respondent discharged.
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CLCON No. 91 of 2014
Hon’ble Manoj K. Tiwari, J.
None present for the parties.
This contempt petition has been filed alleging willful disobedience of the order dated 15.05.2013 passed in WPSS No. 33 of 2012.. The operative portion of the order passed in said writ petition is extracted below:-
“Accordingly, I direct the respondents authority to take decision on the prayer for payment of arrears of gratuity, leave encashment allowance calculated on the basis of past pay drawn by him and other post retirement benefits including the amount of security of the petitioner with interest @ 18% per annum till actual date of payment. Decision shall be taken after hearing the petitioner, if required, upon service of notice within a period of eight weeks from the date of receipt of this order.”
A compliance affidavit has been filed by Ravinder Singh, Managing Director, Uttar Pradesh Cooperative Federatio Ltd. Lucknow. Para 3 of the said affidavit is reproduced below:-
“ 3 . That incompliance to direction of the Hon’ble court the respondent has passed the order dated 1.11.2013 by which the payments due from the Federation has been sanctioned and has been given vide letter dated 24.12.2013. A photocopy of the order dated 1.11.2013 and letter dated 24.12.2013 are been annexed as Annexure No. A-1 and A-2 to this affidavit. A perusal of the letter dated 24.12.2013 clearly reveal that the amount due upon the respondent P.C.F. have been sent through cheque which has been received by the petitioner.”
In view of the stand taken by opposite party that payment has been made to the petitioner, which has also been accepted by him, nothing survives in this contempt petition.
Accordingly, contempt petition is dismissed. Notice issued against the opposite party is hereby discharged.
29.08.2019
Aswal
Petitioner
Uttar Pradesh Cooperative Federation Ltd.
Manoj K. Tiwari
As recorded by the court registry
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