SHYAM KUMAR v. VINOD KUMAR YADAV GENERAL MANAGER KISAN SHAHKARI CHINI MILL LTD. SULTANPUR
CAPL/3516/2024 · 2025-02-04
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157139 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157139 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:7092 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 3516 of 2024 Applicant :- Shyam Kumar Opposite Party :- Vinod Kumar Yadav General Manager Kisan Shahkari Chini Mill Ltd. Sultanpur Counsel for Applicant :- Dinesh Kumar Tripathi Counsel for Opposite Party :- Indu Prakash Singh Hon'ble Manish Kumar,J. (C.M. Application No...... of 2025) This is an application for recall of the order dated 10.01.2025 passed by this Court. The cause shown in the affidavit filed alongwith the application is satisfactory.
Learned counsel for the respondents has no objection in recalling the order. Accordingly, the application is allowed. The order dated 10.01.2025 is hereby recalled. (Order on Contempt Application) The present contempt application has been filed for alleged non-compliance of the judgement and order dated 28.03.2024 passed in Writ-A No.2535 of 2024, the relevant extract of the
order is quoted hereinbelow :
"In view of the above, it is provided that in case the petitioners submit individual representation within two weeks from today before respondent no.2 then respondent no.2 shall endevour to decide the same by means of a reasoned and speaking order in accordance with law and the relevant rules within a further period of six weeks from the date of submission of the representation along with certified copy of this order. With the aforesaid direction, writ petition is disposed of. It is made clear that this Court has not gone into the merits of
the claim set forth by the petitioners. " Sri Rajendra Prasad, Officiating General manager (Pradhan Prabandhak, Kisan Sahkari Chini Mills Ltd., District - Sultanpur is present though he has not been impleaded as a party after transfer of the General Manager and has filed affidavit of compliance, which is taken on record.
Learned counsel representing the officiating General Manager Sri Rajendra Prasad has submitted that in compliance of judgement and order dated 28.03.2024 passed by the writ court the representation of the petitioner has been decided by order dated 7.8.2024 and the amount of Rs.2,36,355/- has been paid to the mother of the applicant, who was petitioner alongwith the applicant at the time of filing of the writ petition. On the other hand learned counsel for the applicant has submitted that the said amount is to be paid 1/3rd , 1/3rd and 1/3rd each of the claimants as per the award passed by the Labour Court. It is further submitted that the representation as directed by the writ court has yet not been decided till date. It is further submitted that the order dated 7.8.2024 which has been filed as Annexure No.2 to the compliance affidavit is not the order on the representation given by the applicant and it has been mentioned in the said order that the payment shall be made to the applicant and other claimants in installment. After hearing the learned counsel for the parties, going through the record, it is found that the representation of the applicants enclosed as Annexure Nos.6 and 7 to the writ petition have been decided by order dated 7.8.2024 in compliance of judgement and order dated 28.03.2024. The amount as prayed in the writ petition has been paid to the one of the petitioner i.e. mother of the applicant. From perusal of the award as alleged by the learned counsel counsel for the applicant, there is no direction for payment in equal share to the persons substituted after the demise of the daily-wager employee Late Ram Avatar , even there is no such direction by the writ court. On being asked that is there any dispute of the applicant with
his mother, he has replied that their is no dispute. The submission made that there was a direction for making payment to the applicant and other claimants in installments but the payment was made to one of the petitioner i.e. the mother and no payment of any installment is made to the present applicant till date. The said submission is not tenable for the reason that the direction is for the payment of amount of Rs.
2,36,355.65/- and the total amount was paid in one go, so there is no question for making payment in installments. In view of the facts and circumstances and the discussion made hereinabove, the judgement and order passed by the writ court is complied with. The contempt petition is hereby dismissed. Notice issued earlier, if any, stand discharged.
Order Date :- 4.2.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench