CM-14036 COCP-1542 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 101+210 Subhash Chander Mr. Jolly Joseph Kochery, Director and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) CM-14036 bringing on record the subsequent development and filing additional documents (Annexures A to C). allowed and the application are taken on record, subject to all just exceptions. COCP-1542 1. non-compliance of co-ordinate M/s ISS Facility Services and another whereby it was directed that 14036-CII-2025 in/and 1542-2023 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM- COCP Date of Decision: 04.09.2025 Subhash Chander Versus Jolly Joseph Kochery, Director and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Sukhdev Singh, Advocate for the applicant-petitioner (through Video Conferencing). Mr. SS Brar, Advocate for the respondent(s). NIDHI GUPTA, J. (ORAL) 14036-CII-2025 Prayer in this application filed under Section 151 CPC is for bringing on record the subsequent development and filing additional documents (Annexures A to C). Heard. For the reasons mentioned in the applicat and additional documents (Annexures A to C) filed along with the application are taken on record, subject to all just exceptions. 1542-2023 The present Contempt Petition has been filed alleging compliance of order dated 13.02.2015 ordinate Bench of this Court in CWP M/s ISS Facility Services and another vs. Subhash Chander and another whereby it was directed that ‘in the meantime, operation IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -14036-CII-2025 in/and COCP-1542-2023 Date of Decision: 04.09.2025 .… Petitioner Jolly Joseph Kochery, Director and others .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Sukhdev Singh, Advocate petitioner (through Video Conferencing). Mr. SS Brar, Advocate for the respondent(s). Prayer in this application filed under Section 151 CPC is for bringing on record the subsequent development and filing additional For the reasons mentioned in the application, the same is additional documents (Annexures A to C) filed along with the application are taken on record, subject to all just exceptions. The present Contempt Petition has been filed alleging order dated 13.02.2015 (Annexure P-1) passed by a CWP-2541-2015 titled as ‘Director Subhash Chander and another’, ‘in the meantime, operation of the impugned Prayer in this application filed under Section 151 CPC is for bringing on record the subsequent development and filing additional ion, the same is additional documents (Annexures A to C) filed along with The present Contempt Petition has been filed alleging passed by a Director of the impugned RISHU KATARIA 2025.09.09 18:39 I attest to the accuracy and authenticity of this order/judgment. CM-14036 COCP-1542 award shall remain stayed subject to compliance of Section 17 Act for which four weeks’ time is afforded to the petitioners’ 2. order of this Court has not been implemented efforts by approaching the respondent petitioner even sent a legal notice dated 28.02.2023 (Annexure P however, no response 3. the submissions of vide judgment dated 19.04.2024 (Annexure (i) CWP-2541 another vs. ‘Director M/s ISS Facility Services and another another’; (iii) CWP Services and another 2015 titled as Kumar and another Bench of this Court 14036-CII-2025 in/and 1542-2023 -2- award shall remain stayed subject to compliance of Section 17 Act for which four weeks’ time is afforded to the petitioners’ Learned counsel for the petitioner submits that order of this Court has not been implemented s by approaching the respondent-C petitioner even sent a legal notice dated 28.02.2023 (Annexure P however, no response was received thereof. Learned counsel for the respondents vehemently the submissions of learned counsel for the petiti vide judgment dated 19.04.2024 (Annexure 2541-2015 titled as ‘Director M/s ISS Facility vs. Subhash Chander and another’; (ii) CWP Director M/s ISS Facility Services and another ’; (iii) CWP-2543-2015 titled as Services and another vs. Naresh Sharma and another titled as ‘Director M/s ISS Facility Services and another Kumar and another’; have been finally disposed of by a co Bench of this Court, whereby it was directed as follows: “11. ……..Moreover, taking into consideration that the full back wages have been awarded by the Tribunal for the period respondent No.1- workman remained out of service i.e. 01.05.2011 (date of termination) till 10.10.2014 (passing of the award) which are to be drawn salary i.e Rs.10,000/- per month, he would be entitled to the total amount of around Rs.4,10,000/ lakh ten thousand only) towards back wages. 12. Therefore, Management is directed either to implement the impugned award in all respects or award shall remain stayed subject to compliance of Section 17-B of the Act for which four weeks’ time is afforded to the petitioners’. petitioner submits that the aforesaid order of this Court has not been implemented till date, despite many Company time and again. The petitioner even sent a legal notice dated 28.02.2023 (Annexure P-2), was received thereof. ned counsel for the respondents vehemently controverts the petitioner by submitting that vide judgment dated 19.04.2024 (Annexure –A), 04 writ petitions bearing Director M/s ISS Facility Services and ’; (ii) CWP-2542-2015, titled as Director M/s ISS Facility Services and another vs. Satish Kumar and titled as ‘Director M/s ISS Facility rma and another’; and CWP-2544- Director M/s ISS Facility Services and another vs. Sunil have been finally disposed of by a co-ordinate it was directed as follows:- ……..Moreover, taking into consideration that the full back wages have been awarded by the Tribunal for the workman remained out of service i.e. 01.05.2011 (date of termination) till 10.10.2014 (passing of the award) which are to be counted at the rate of his last per month, he would be entitled to the total amount of around Rs.4,10,000/- (Rupees Four lakh ten thousand only) towards back wages. Therefore, Management is directed either to implement the impugned award in all respects or B of the despite many ompany time and again. The 2), controverts oner by submitting that 04 writ petitions bearing Services and 2015, titled as Satish Kumar and Director M/s ISS Facility Sunil ordinate ……..Moreover, taking into consideration that the full back wages have been awarded by the Tribunal for the workman remained out of service i.e. 01.05.2011 (date of termination) till 10.10.2014 (passing counted at the rate of his last per month, he would be entitled (Rupees Four Therefore, Management is directed either to implement the impugned award in all respects or RISHU KATARIA 2025.09.09 18:39 I attest to the accuracy and authenticity of this order/judgment. CM-14036 COCP-1542 4. compliance petitioner which has been acknowledged by th acknowledgement dated 17.10.2024 (Annexure follows:- 5. that nothing survives in the present petition and the same may be disposed of. 6. payment of the order dated this Court had finally disposed of the abovesaid 04 writ petitions. 7. 14036-CII-2025 in/and 1542-2023 -3- alternatively, pay a lump sum amount of compensation of Rs.5,00,000/-(Rupess Five Lacs), to each of the workman in all the four writ petitions and said amount would benefit granted by learned Labour Court towards the back wages also.” Leaned counsel for the respondents submits that in compliance of said direction payment of ₹ petitioner which has been acknowledged by th acknowledgement dated 17.10.2024 (Annexure “I, Subhash Chander Atri, 5,00,000/- (Rupees Five Lacs only) from M/s. ISS Facility Services India Pvt. Ltd., Plot No. 37 Gurugram, Haryana (India) vide demand draft bearing number – “006261” Dated Hongkong and Shanghai Banking Corporation Limited being the amount of compensation in compliance with the order dated 19 April 2024 of Ho High Court in Civil Writ Petition No. Accordingly, learned counsel for the respondents submits that nothing survives in the present petition and the same may be disposed Learned counsel for the petitione payment of ₹5,00,000/- has been made to the petitioner in compliance of the order dated 19.04.2024 (Annexure A) whereby a co Court had finally disposed of the abovesaid 04 writ petitions. Heard. alternatively, pay a lump sum amount of compensation of (Rupess Five Lacs), to each of the workman in all the four writ petitions and said amount would include the benefit granted by learned Labour Court towards the back Leaned counsel for the respondents submits that in ₹5,00,000/- was released to the petitioner which has been acknowledged by the petitioner vide acknowledgement dated 17.10.2024 (Annexure-B) which reads as ander Atri, confirm acceptance in INR (Rupees Five Lacs only) from M/s. ISS Facility Services India Pvt. Ltd., Plot No. 37, 2nd Floor, Sector 18, Gurugram, Haryana (India) vide demand draft bearing Dated 02/08/2024 drawn on The Hongkong and Shanghai Banking Corporation Limited being the amount of compensation in compliance with the of Hon’ble Punjab and Haryana High Court in Civil Writ Petition No. 2541 of 2015” Accordingly, learned counsel for the respondents submits that nothing survives in the present petition and the same may be disposed Learned counsel for the petitioner now acknowledges that to the petitioner in compliance of 19.04.2024 (Annexure A) whereby a co-ordinate Bench of Court had finally disposed of the abovesaid 04 writ petitions. alternatively, pay a lump sum amount of compensation of (Rupess Five Lacs), to each of the workman in include the benefit granted by learned Labour Court towards the back Leaned counsel for the respondents submits that in to the e petitioner vide ) which reads as confirm acceptance in INR (Rupees Five Lacs only) from M/s. ISS Facility Floor, Sector 18, The Hongkong and Shanghai Banking Corporation Limited being the amount of compensation in compliance with the n’ble Punjab and Haryana Accordingly, learned counsel for the respondents submits that nothing survives in the present petition and the same may be disposed r now acknowledges that to the petitioner in compliance of ordinate Bench of RISHU KATARIA 2025.09.09 18:39 I attest to the accuracy and authenticity of this order/judgment. CM-14036 COCP-1542 8. required to be passed in the present petition, the same stands as having been rendered infructuous. 9. 10. 04.09.2025 rishu 14036-CII-2025 in/and 1542-2023 -4- In view of the above admitted position, no further required to be passed in the present petition, the same stands as having been rendered infructuous. Rule stands discharged. Pending application(s), if any, shall also stand 04.09.2025 Whether speaking/reasoned Whether Reportable In view of the above admitted position, no further orders are required to be passed in the present petition, the same stands disposed of, Pending application(s), if any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE Whether speaking/reasoned Yes/No Yes/No orders are , RISHU KATARIA 2025.09.09 18:39 I attest to the accuracy and authenticity of this order/judgment.