- (1.) This contempt petition has been filed by the applicant for initiating the proceedings under the provisions of the Contempt of Courts Act, 1971 (hereinafter referred to as 'the Act'), on the allegation that the respondents have willfully defied the order dated 19/08/1994, passed by this Court in Contempt Petition No. 521 of 1994. The factual matrix of the case, as revealed by the record, is that a dispute arose regarding the revision of the salaries of the employees of the Tannary and Foot Wear Corporation of India Ltd., a Government of India undertaking, (hereinafter called as 'the Corporation'). The applicant filed writ petition No. 1744 of 1994 before this Court wherein the following interim order was passed on 4-1-1994 :-"Meanwhile, the respondent are directed to pay revised scale and arrests of salary to the petitioner since 1-8-1987 or to show cause before the next date of hearing."
(2.) The opposite party No. 1, Shri T. Rudra, Chairman of the said Corporation, filed a counter affidavit in the said writ petition on 15-3-1994. Before the said interim order dated 4-1-1994 could be confirmed, modified, varied or vacated, petitioner filed Contempt Petition No. 521 of 1994 before this Court alleging that the opposite parties had wilfully defied the order of this Court dated 4-1-1994 and consequently show cause notice in the said contempt Petition was issued. Before the disposal of the said contempt petition, the main writ petition came for hearing before this Court on 5-5-1994 and the interim order dated 4-1-1994 was modified as under :-"It is, however, clarified that since cause has been shown by the respondent No. 3, the pay in revised pay scale and arrears since 1-8-1987 may not be paid to the petitioner in pursuance of the interim order 4-1-1994 until further orders."
(3.) In the said Contempt Petition No. 521 of 1994 opposite party No. 1 filed a supplementary-counter-affidavit stating that on 13/08/1994 the Management of the said Corporation has agreed to implement the revised pay scale of the petitioner in pursuance of certain orders passed by the Government of India. The said Contempt Petition came up for hearing before this Court on 19-8-1994, wherein this Court after making reference to the earlier orders dated 4-1-1994 and 5-5-1994 made the following observations :-"As in pursuance of the order dated 4-1-1994 cause has been shown by filing a counter-affidavit and further the Court directed, the pay and arrears of salary in the revised pay scale may not be paid to the petitioner in pursuance of the order dated 4-1-1994. In my opinion, there is no question of taking any action in this contempt petition. From the supplementary counter affidavit filed by Shri T. Rudra, italso appears that the Management has agreed to implement the revised pay scale of the petitioner and subordinate staff in accordance with the Government Orders dated 22-2-1994 and 13-8-1994. In my opinion, this stand indicated by the opposite party No. 1 is sufficient to vindicate the grievance of the petitioner. It is expected that amount of salary including arrears due to petitioner under the revised pay scale shall be paid to them expeditiously within a reasonable time. Subject to the aforesaid, the contempt petition is rejected."(Emphasis supplied);