High Courts(2009) 05 AHC CK 0143

Sushil Kumar Sharma vs Sunil Kumar Mittal, Chairman, J.D.A.M.C.& H.

Allahabad High Court · Decided on 12 May 2009

HON’BLE JUDGES
S.U.Khan, J
RESULT
Dismissed

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Judgment

6 paragraphs · 203 words

S.U.Khan, J.

In writ petition no.41494 of 2008 filed by employeropposite party which is directed against award of the Labour court directing reinstatement of the applicant workman with back wages, a conditional stay order has been granted by this court on 14.8.2008 directing for reinstatement and payment of certain amount as back wages. Grievance of the applicant in this Contempt petition is that half of the condition attached with the stay order has been complied with in as much as applicant has been reinstated however, half of the condition has not been complied with in as much as no amount towards back wages has yet been paid to the applicant.

Condition no.4 of interim order dated 14.8.2008 is quoted below:

"Subject to aforesaid conditions, operation of the impugned award dated 1.3.2008 shall remain stayed till further orders. In case of default of any of the conditions stated above, this order shall automatically stand vacated."

If the allegation of the applicant that some of the conditions have not been complied with, is correct then in terms of the above condition no.4 the whole stay order stands vacated hence there is no question of any contempt.

Accordingly, this contempt petition is utterly frivolous hence dismissed.