The Hon'ble Court held that the cause of action for contempt no longer exists after the respondent corporation filed an affidavit stating full satisfaction of the petitioner's dues, and dismissed the contempt petition without exhibiting any order of the conceded case.
Contempt petition dismissed and cause of action held not to survive.
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| SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|---|
| CLCON No. 47 of 2019 Hon’ble Man oj Ku m ar Tiw ar i, J. |
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| There is no representation for the petitioner. Mr. Shobhit Joshi, Advocate, |
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| holding brief of Mr. Ashish Joshi, |
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| Advocate for respondents. | |||
| Petitioner was appointed in |
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| erstwhile U.P. Road Transport Corporation and he subsequently retired from Uttarakhand Transport Corporation on 31.05.2016. Since his retiral dues were not |
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| being paid, therefore, he filed Writ | |||
| Petition (S/ S) No. 3117 of 2018. The said writ petition was disposed of by Writ Court vide judgment dated 16.11.2018 and Uttarakhand Transport Corporation was directed to pay the entire admitted dues of the petitioner within four weeks. Alleging non-compliance of the said order, this Contempt Petition was filed. A compliance affidavit has been |
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| filed by Mr. Pankaj Tewari, Finance | |||
| Controller, Uttarakhand Transport |
| Corporation. In | paragraph no. 4 of | the |
|---|---|---|
| said affidavit, it | has been stated th | at a |
| sum of`3,27,86 petitioner toward a further sum of |
0/ - has been paid to s leave encashment `70,080/ - has been |
the and paid |
| to him towar |
ds interest, bes |
ides |
| `68,015/ - towar | ds overtime and | the |
| interest amounti In view of |
ng to`14,538/ -. the averment mad |
e in |
| paragraph no. | 4 of the compli | ance |
| affidavit, this Co cause of actio |
urt is satisfied that n does not sur |
the vive |
| anymore. Accordingly, is closed. Cont |
the Contempt Pet empt notices issue |
ition d to |
| the respondents ( M Navin |
are hereby discharge an oj Ku m ar Tiw ar i 17.11.2021 |
d. , J.) |
Retired employee
Uttarakhand Transport Corporation
Manoj Kumar Tewari
As recorded by the court registry
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