MSRTC Workers and Employees Welfare Organisation v. A. K. Singh, IAS, Managing Director, MSRTC, Imphal
2005-04-06
M.B.K.SINGH
body2005
DigiLaw.ai
This Contempt Petition has been filed praying for proceeding under the Contempt of Courts Act, 1971 as against the respondents alleging that there has been willful disobedience of the order dated 13.10.04 passed by this Court in W.P(C) No. 7887 of 2004.By the said order, the respondent was directed to examine the claim of the petitioner for payment of salary for the month of April, 2002 to October, 2003 and , if the same was found to be due and payable, the same should be made available to the petitioners on or before the returnable date. The returnable date fixed in the case was 29.11.2004. I have heard Mr. Th. Ibohal Singh, learned Advocate appearing on behalf of the petitioners and Mr. N.Ibotombi, learned Advocate appearing on behalf of the respondent. As per submission of the learned counsel for the respondent, the respondents had already taken steps for making payment of not only due salaries for 18(eighteen) months i.e. from May, 2002 to October, 2003 but also retrenchment benefits. According to the respondent's counsel, as a composite amount is being paid in the nature of one time settlement, it cannot be separated under two heads, i.e. arrear of salary and retrenchment benefits. Mr. Ibotombi, the learned counsel for the respondent, further, submits that the said payment may be allowed to be made without prejudice to the rights of the members of the petitioner in the pending Writ petition and that the respondent will not take any undertaking from the members of the petitioner in connection with withdrawal or otherwise of the pending Writ petition consequent upon acceptance of the said retrenchment benefits. Mr. Ibohal, learned counsel for the petitioner submits that if the acceptance of the retrenchment benefits is to be without prejudice to the rights of the petitioner in the pending Writ Petition and if the respondent will not take any undertaking from the members of the petitioner regarding withdrawal of the pending Writ Petition, the petitioner are ready to accept the due salary along with the retrenchment benefits. Having regards to the stand taken by the respective counsel of the parties, this Contempt Petition is hereby closed with the direction that the due salaries of the members of the petitioner and their retrenchment benefits are to be disbursed to the concerned persons at the earliest possible date by the respondent. This Contempt petition stands disposed of.