Case BriefsHigh Courts

Allahabad High Court: Disgruntled with the respondent for non-compliance with the Court’s earlier orders, Vivek Kumar Birla, J. allowed the present contempt application and issued a show-cause notice to the concerned delinquent officers.

The present contempt application has been filed by the applicant pleading for an action against the respondent for wilful disobedience of the judgment and order dated 18-09-2018 passed by this Court in Special Appeal Defective No. 656 of 2018 and the order dated 17-09-2019 passed in Contempt Application (Civil) No. 5773 of 2019

Counsel for the applicant, Kushmondeya Shahi has submitted that the copy of the order had been served to the respondent and yet nothing was done in that regard. Left with no other option, the applicant filed the present application seeking relief. The respondent had been granted more time for compliance vide order dated 17-09-2019 but even after the expiry of the period, any decision is yet to be taken by the respondents.

Upon careful perusal of the facts and circumstances, the Court has found it fit to initiate contempt proceedings against the respondent.

Lamenting over the sorry state of affairs with respect to the compliance of its orders, the Court has passed strict remarks taking the concerned administrative officers to the task. The remarks have been reproduced below for reference:

“This Court is noticing every day that apparently the officers concerned, who were directed to act as per the order of the Court, are not complying with the orders at the first instance and the aggrieved party is forced to file contempt application and even after granting further time to comply with the order of the writ Court passed in contempt application, the orders not being complied with. Apparently, the Officers are becoming habitual and not complying with the orders of this Court at the first instance.

This is a sorry state of affairs and it is expected that the opposite party shall make every effort and shall also issue necessary orders in this regard to the subordinate authorities to strictly comply with the orders at the first instance itself, otherwise the Court will take a serious view of the matter.”

 In view of the above, the Court has allowed the present contempt application issuing notice to the respondent to appear in person and show cause as to why charges be not framed against him under Section 12 of the Contempt of Courts Act for wilful disobedience of the aforementioned orders. [Arun Kumar v. Renuka Kumar, Contempt Application (Civil) No. 3033 of 2020, decided on 08-09-2020]

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Case BriefsHigh Courts

Rajasthan High Court: A Division Bench of Sangeet Lodha and Mahendar Kumar Goyal JJ., ordered for seizure of building and issued show-cause notices to respondents for deliberate disobedience of the order of the Court.

The present Civil Contempt petition has been filled by the petitioners alleging disobedience of the previous interim of the present High Court. Previously the Court had directed that no building shall be allowed to be constructed/raised in the vicinity of the area in question except on issuance of a No Objection Certification in accordance with the guidelines issued by the Government of India.

The Learned Additional Solicitor General representing the petitioner, R.D. Rastogi submitted photographs of the construction of the building demonstrating that the respondent had defied the orders of the Court and continued construction of the building. It was also submitted that in pursuance of the Court’s directions the respondents were under obligation to ensure that no further construction is raised. However, the respondents deliberately allowed the constructions due to extent undue favour to the fourth respondents.

The Court upon perusal of the facts and records placed before the bench directed to seize the building constructed and it shall not be released from the seizure without permission from the Court. The Court also ordered to issue show-cause notices to the respondents asking them to provide reasons for wilful disobedience of Court orders. [Union of India v. State of Rajasthan, 2020 SCC OnLine Raj 241, decided on 11-02-2020]

Case BriefsSupreme Court

Supreme Court: The bench of Ranjan Gogoi and Navin Sinha. JJ., held that a wrong understanding of award does not amount to wilfull disobedience or contempt of the Court.

It was the Petitioners’ contention e that the Respondents had not discharged the wages that the jounalist and non-journalist employees were entitled to, as per the Majithia Wage Board Award, constituted under Section 9 of The Working Jounalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955. The recommendations of the Board were notified by the Central Government and accepted and upheld by the Court as a valid and legitimate in its approach. The Petitioners also alleged that the employees who raised their voice for the implementation of the Award, were silenced by arbitrary transfers or termination. The Labour Commission Reports suggested that the Award was implemented fully in some states, partially in some others and not at all in some. It also listed the reasons for non-implementation which ranged from employees’ voluntary waver to financial constraints and from jurisdiction excluding contractual employees to variable pay which was not accounted for the purpose of calculating other allowances.  The Petitioners submitted that such reasons were not justified as the Act specified that only more beneficial and favourable rates may be accepted if the notified wages are departed.

The respondents submitted that the issues contested in this petition were not dealt with in the previous judgment, which upheld the validity of the recommendations and the jurisdiction of the same could not be exceeded to allege contempt of court. The Court accepted the Respondents’ contention and relied upon a number of judgments to reach the conclusion that the newspaper establishments could not be liable for contempt in the absence of wilful or deliberate intention to commit the same. After clarifying the said award, the Court said that it would be better to resolve such complaints by resorting to the enforcement and remedial machinery provided under the 1955 Act rather than approaching the Courts. [Avishek Raja v. Sanjay Gupta, 2017 SCC OnLine SC 669, decided on 19-06-2017]