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Judgment
Hon''ble Rajiv Sharma, J.—Heard Mr. Shailendra Singh Chauhan, learned counsel for the applicant and Mr. Dipak Seth, learned Counsel appearing for the respondents.
The members of the petitioner''s Union, who are working as Helper, Manson, Labour Peon and Tractor Driver on daily wage basis, have filed a writ petition No. 5292 (SS) of 1988 for payment of equal pay for equal work and for regularization. The same was disposed of finally vide judgment and order dated 19.12.2003 with a direction to the opposite parties to make payment of minimum of pay scale, without any increment and other allowances, till their services are regularized.
As the order passed by the Writ Court has not been complied with, the instant contempt proceedings have been initiated by the petitioner.
Mr. Dipak Seth, learned Counsel for the opposite parties that against the order passed by the learned Single Judge, the opposite parties preferred a Special Appeal No. 182 of 2004 which was dismissed vide judgment and order dated 7.11.2006. Being aggrieved, against the order so passed by the Division Bench, SLP No. 1059 of 2007 was preferred before the Apex Court that too was dismissed vide judgment and order dated 1.10.2010.
During the pendency of contempt proceedings, vide order dated 10.10.2011 this Court directed the Managing Director, State Farm Corporation of India, Farm Bhawan, 14-15, Nehru Place, New Delhi, in case the orders are not complied with. Against this order, Special Appeal was filed and the said Appeal being misconceived was dismissed with a cost of Rs. 10,000/-, which shall be deposited within a period of one month from the date of a certified copy of the order. In case the cost is not paid within the aforesaid time, the same shall be recovered as arrears of land revenue by issuing recovery certificate by the Registrar of this Court.
Being aggrieved by the aforesaid order, the Corporation filed a SLP No. 36393 of 2011. The said appeal was dismissed vide judgment and order dated 3.1.2012 which is as under:
Mr. Gopal Subramanium, learned Senior Counsel appearing for the petitioner, states that because of some confusion entertained by the authorities concerned with regard to the date from which the directions contained in judgment rendered by the High Court on 19th December, 2003 were to be given effect to, the said directions could not be fully complied with.
He states, on instructions, that all the directions issued by the High Court in the said judgment shall be complied within letter and spirit within two weeks from today. In view of the statement, no further orders are called for in this petition as well as in Criminal Miscellaneous Case No. 1444 (C) of 2004, which shall be treated as closed.
In the meantime, on 8.11.2011, this Court directed the Managing Director to file counter-affidavit/affidavit of compliance by 4.1.2012. Further, it was provided that if the same is filed, V. K. Gaur, Managing Director, State Farm Corporation of India, Farm Bhawan, 14-15 Nehru Palace, New Delhi shall not appear in person on the said date, otherwise he shall present on the said date as per earlier order passed by this Court.
As the opposite parties have already given a statement before the Apex Court that the order passed by the High Court shall be complied within two weeks from the date of passing of the order on which basis the contempt proceedings were closed, the instant contempt petition has rendered infructuous.
In view of above, the contempt is dismissed as infructuous. Accordingly, issuance of notice to the opposite parties is hereby discharged.