High CourtsDivision Bench(2018) 12 CAL CK 0115

Dilip Kumar Sarkar vs Pawan Bajaj & Anr

Calcutta High Court · Decided on 18 December 2018

HON’BLE JUDGES
Debasish Kar Gupta, CJ · Mumtaz Khan, J
RESULT
Disposed Off
CASE NUMBER
Civil Review Contempt No. 28 Of 2017, C. Appeal From Order No. 704 Of 2017

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Judgment

14 paragraphs · 373 words

This is an application filed under the Contempt of Courts Act, 1971 for alleged wilful disobedience of the order dated November 18, 2016 passed in the appeal being M.A.T. No.550 of 2015.

The operative portion of the above order is quoted below:‐

"It has come to our knowledge that the respondent No.1/writ petitioner reached the age of retirement on superannuation. Therefore, the appellant bank is directed to give the consequential benefits to the order of punishment which may be passed by the appellant bank in terms of this judgment within a period of three months from the date of communication of this order after due adjustments of such benefits which have already been paid to the respondent No.1/writ petitioner, if any.

This appeal is, thus, disposed of.

In view of disposal of the appeal the connected application has become infructuous and the same is disposed of accordingly.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, subject to compliance with all necessary formalities.'

It is submitted by Mr. Moloy Kr. Basu, the learned Senior Advocate appearing on behalf of the respondent Bank that the order has been complied with.

Having heard the learned Advocates appearing for the respective parties as also after considering the facts and circumstances of this case, we find that so far as the releasing of the consequential benefits is concerned, the employer's share with regard to contribution towards provident fund is yet to be released.

Considering the submissions made by Mr. Bose, the learned Senior Advocate appearing on behalf of the respondent Bank, we are of the opinion that some breathing time is to be given to the respondent Bank for releasing the aforesaid money to the appellant.

Considering the age of the appellant, we are of the further view that the aforesaid amount be released in favour of the appellant within January 31, 2019.

In view of the above, there is no necessity of keeping the contempt application pending.

The contempt Rule, therefore, stands discharged and the application for contempt is, thus, disposed of.

There will, however, be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties at an early date.