In contempt proceedings arising out of incomplete or delay compliance with Supreme Court order dated 7 November 2022, the Court directed contemnor counsels to obtain instructions regarding the allegedly contumacious conduct.
The original civil appeals were filed by the petitioner, challenging the Labour Court award and the Madhya Pradesh High Court judgments which had denied him reinstatement and back wages despite his termination being effected without complying with Section 25F of the Industrial Disputes Act, 1947. He sought reinstatement, continuity of service and back wages on the ground that his retrenchment was illegal and void for want of statutory compliance.
By order dated 7 November 2022, the Supreme Court allowed the civil appeals, set aside the adverse Labour Court and High Court decisions, and directed reinstatement with 50% back wages and other service benefits, or payment of monetary benefits if he had already superannuated, to be made within three months.
Following the 7 November 2022 order granting him parity relief, the petitioner claims that he physically resumed duty on 7 February 2023, but the formal reinstatement order was issued only on 19 January 2024, and that he has been paid salary only from 19 January 2024 onwards, creating a gap period of unpaid salary notwithstanding the Court’s earlier directions.
This led him to file the present contempt petitions, alleging wilful disobedience of the Supreme Court’s judgment dated 7 November 2022, specifically in relation to delayed reinstatement and non-payment of salary for the period between the date of the Court’s order and the date from which the State actually started paying him salary.
The Bench comprising Justice Dipankar Datta and Justice Augustine George Masih directed the respondents’ senior counsel to obtain specific instructions on whether salary had been paid for the period 7 February 2023 to 19 January 2024 and, crucially, why the Court should not hold the alleged contemnors personally liable to pay salary for the broader period from 7 November 2022 till 19 January 2024.
The matter would be re-listed in the week commencing 12 January 2026 for further consideration.
Appearances:
For Petitioner(s): Mr. Nipun Saxena, Adv.; Ms. Astha Sharma, AOR; Ms. Mantika Haryani, Adv.; Ms. Pratibha Yadav, Adv.; Mr. Bhanu Mishra, Adv.; Ms. Aadya Pandey, Adv.; Ms. Deepali Dabas, Adv.; Ms. Monal Prasad, Adv.; Mr. Anirudh Gotety, Adv.; Ms. Jyotika, Adv.
For Respondent(s): Mr. Anil Kaushik, Sr. Adv.; Mr. D.S. Parmar, AAG; Mr. Harmeet Singh Ruprah, DAG; Mr. Sarthak Raizada GA, Adv.; Ms. Rashmi Singhania, Adv.; Mr. Sarad Kumar Singhania, AOR
