JUDGMENT 1. These three applications have been filed initiating proceedings under the contempt of Courts Act, alleging therein that notwithstanding the judgment of this Courts in CWJC No.12155 of 1994 and analogous cases the concerned authorities have not yet issued necessary certificates to the petitioners, who are Lohar by caste and who have been held to be treated to be Scheduled Tribes within the ambit of the Constitution Scheduled Tribe Order, 1950. 2. There are some controversies between the two castes, namely, ‘Lohar’ and ‘Lohra’ but the said controversies have been resolved by the decision of the Supreme Court, where under the Supreme Court has also held that ‘Lohar’ comes within the scope of the said order. 3. In MJC No.677 of 1994 a show cause has been field by the Union of India Indiosting therein that in the meantime a clarificatory notification has been issued and therefore, notwithstanding the judgment of this Court as well as Supreme Court ‘Lohar’ cannot be construed to be ‘Scheduled Tribe’ under the Construction Scheduled Tribes Order, 1950. 4. We are afraid, the decision of the Supreme Court accepting ‘Lohar’ to be the Scheduled Tribe within the ambit of the said order cannot be nullified by issuance of an executive notification and it can only be nullified by legislative action if the Parliament so eheores. Therefore, the aforesaid classificatory notification, issued by the Union Government does not in any way, effect the validity of the Supreme Court judgment as well as the judgment of this Court holding that ‘Lohar’ is the Scheduled Tribe within the ambit of the Constitution Scheduled Tribe Order, 1950. View of the matter, the appropriate authorities of the State Government must be held to have not complied with the directions and observations of this Court, but, since there was some amount of confusion, we are not inolined to take serious view of the matter and we are not proposing to initiate contempt proceeding against them (opposite parties). On the order hand, we are giving them one opportunity to take suitable action by issuing appropriate certificates in favour of those applicants belonging to Lohar caste whose applications are still pending with the concerned authorities. 5.
On the order hand, we are giving them one opportunity to take suitable action by issuing appropriate certificates in favour of those applicants belonging to Lohar caste whose applications are still pending with the concerned authorities. 5. We accordingly, drop the contempt proceeding and direct the appropriate authorities to reconsider the applications filed and issue necessary certificates in favour of the Lohar applicants to the effect that they are covered by Constitution Scheduled Tribe Order, 1950. Necessary certificates shall be issued within two months from the date of this order. 6. These application are disposed of accordingly. Application disposed with direction.