Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 29 of 2023 Applicant :- U.P. Agro Employees Union, Lko. Thru. Its. G.S. Shri Sher Singh And 58 Others Opposite Party :- Shri Durga Shankar Mishra, Chief Secy. State Of U.P. Thru. Govt. Of U.P., Lko. And 3 Others Counsel for Applicant :- Pravin Kumar Verma,Vibhu Shankar Counsel for Opposite Party :- Vibhu Shankar,Rajeeva Kumar Sinha Hon'ble Manish Kumar,J. 1. Heard. 2. Shri Ravi Ranjan, Managing Director, U.P. State Agro- Industrial Corporation Limited i.e. respondent no. 3 has filed a short counter affidavit, which is taken on record. 3. The present contempt petition has been preferred for alleged non compliance of the judgment and order of the Writ Court dated 18.10.2022 passed in Writ A No. 6896 of 2022. The relevant extract of the said judgment is being reproduced hereinbelow:- "Let the petitioners' claim for payment of salary with effect from the dates mentioned against their names in annexure no.1 to the writ petition and payment of salary regularly each and every month be considered and decided by the concerned opposite party by reasoned and speaking order, say, within a period of six weeks from the date a certified copy of this order is produced before him. Liberty is granted to the petitioners to make fresh representations alongwith certified copy of this order. With the aforesaid observations/directions, the writ petition is disposed of" 4. Learned counsel for the applicant has submitted that in the present contempt petition, a supplementary affidavit was filed on 04.03.2024 bringing on record the list disclosing therein the dues which are still pending against the Corporation for which the applicants are entitled i.e. the salary since July, 2022 to December, 2022 and January and February, 2024 . 5. On the other hand, learned counsel for the respondent no. 3 has submitted that there was only direction by the Writ Court to consider and decide the representation of the applicants by passing reasoned and speaking order and in compliance thereof, the decision has been taken on 21.11.2022 (copy of which has already been enclosed as annexure no. 3 to the affidavit filed alongwith present contempt petition) so for all practical purposes, the judgment and order passed by the Writ Court has been complied with. 6. It is further submitted that today supplementary counter affidavit has been filed for dismissal of the contempt petition wherein in para no. 9, details have been given regarding payments made to the applicants. For convenience, para no. 9 of the said affidavit is quoted hereinbelow:- " That the deponent corporation paid the complete salary to the petitioner No-6, 21, 39, 43, 45, 49, 50, 53 and 56 till retirement and petitioner no. 17 paid salary Feb 21 and petitioner no. 11, 12 & 13 paid salary June 21, petitioner no. 24 paid salary till August, 2021, petitioner no. 18 paid salary till October 21, petitioner no. 8, 15, 31 & 32 are paid salary till June 22, petitioner no. 57 paid salary till July 22 petitioner no. 2, 7, 36, 42, 46, 51, 52, 54, 55, 59 paid salary till September 22, petitioner no. 14 paid salary till October 22 petitioner no. 20 paid salary till November 22 petitioner no. 30 paid salary till December 22 petitioner no. 29 paid salary till January 24 and deponent making the effort for arrange the fund as due of rice as CMR for recovery not paid by rice miller as recovery was made and also made effort to sale the property for arrange the fund for payment of salary." 7. At this stage, learned counsel for the applicant has submitted that though there was a direction to take a decision on the representation of the applicant and pass reasoned and speaking order and the same has been decided but it is not reasoned and speaking order, as directed by the Writ Court. 8. It is further submitted that it is not merely an order for deciding the representation it is coupled with a direction to make the payment of salary to the applicants and stressed upon the sentence in the order i.e. "Let the petitioners' claim for payment of salary with effect from the dates mentioned against their names in annexure no.1 to the writ petition" thus, the judgment and order of the Writ Court has not been complied with as there are certain dues/arrears, which are still unpaid. 9. After hearing learned counsel for the parties, going through the record of the case and the judgment of the writ Court, relevant part of which has been quoted hereinabove, the position which emerges out in the present case is that there was a direction for considering the representation of the applicants and decide the same by passing reasoned and speaking order and the same has been passed admitting the dues of the applicants so there is thus no occasion to assign any reason for admitting the dues which authorities are not disputing and in case the applicants are still aggrieved by the said order, they may avail the remedy, as may be permissible under the law. There is no direction by the Writ Court for payment but the efforts were made for making payment time to time and actual payments have also been made. 10. In view of the facts, circumstances mentioned hereinabove, the judgment and order of the writ Court has been complied with and now nothing remains to be adjudicated in the present case, hence, the present contempt petition is dismissed with liberty to the applicants to avail the remedy, as may be permissible under the law, if they are still aggrieved. 11. Notice issued, if any, stands discharged. Order Date :- 27.1.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench