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Judgment
Arindam Lodh, J
Heard Ms. S. Bhattacharjee, learned counsel appearing for the petitioner.
This is a contempt petition filed by the petitioner under Section 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India for alleged willful disobedience of the court’s order dated 22.08.2022 in WP(C) No. 321 of 2020 passed by this Court as well as order dated 08.12.2022 passed by the Division Bench of this Court in W.A. No.156 of 2022.
This Court vide order dated 22.08.2022 passed in WP(C) No. 321 of 2020 has passed the following directions:
“…. I direct the respondents including the respondent-Bank to consider for formulation of a scheme keeping in mind the existing Service Rule as applicable to its employees so that the services of the petitioners can be considered for regularization within a reasonable period. It is further directed to consider the prayer of the petitioners for providing pay scale at the lowest stage of the scale prescribed for Group-D employees of the Bank.”
Being aggrieved the respondent-contemnors filed an appeal before the Division Bench of this Court wherein learned Division Bench vide order dated 08.12.2022 passed the following directions:
“5. After hearing the parties this Court is of the opinion that the appellant bank shall consider the case of the respondents for complying the orders passed by the learned Single Judge. However, we make it clear that the orders are not compulsory in nature but the appellant bank shall take pragmatic approach for the purpose of considering the case of the private respondents as per their procedure.”
Mr. Bhattacharjee, learned counsel has submitted that the bank has not taken any steps to consider the directions passed by the learned Single Bench as well as the Division Bench of this Court.
Issue notice calling upon the respondent-contemnors to show cause as to why a proceeding under Section 12 of the Contempt of Courts Act shall not be drawn against them, as prayed for; and/or why such further and other order(s) shall not be passed as to this Court may deem fit and proper.
Notice is made returnable within 6 (six) weeks.
The petitioner shall take steps for service of notice upon the respondent-contemnors within 7 (seven) days by registered post with AD.
List the matter on 21.11.2023.