- (1.) We have heard Shri S.C. Chaterjee, learned counsel for the appellant, Shri A.C. Mishra and Shri Nimai Dass, learned Standing Counsel and Miss. Busra Maryam, learned counsel for the respondents.
(2.) The present special appeal arises out of an order passed by the Contempt Court dated 06.10.2010 in Civil Misc. Contempt Application No.3322 of 2007, by which the Contempt Court was seeking to enforce compliance of an order dated 23.04.2007 passed by the learned Single Judge, whereby the District Magistrate, Kanpur had been directed to enforce the recovery under Section 6(H) 1 of the U.P. Industrial Disputes Act, 1947.
(3.) The facts of the case are that one Ishwar Chandra Nigam initiated a proceeding of contempt for the alleged disobedience of the order dated 23.04.2007 passed by this Hon'ble Court in writ petition no.20306 of 2007. The writ petition had been filed for enforcement of recovery certificate for an amount of Rs.6,53,372.17/- issued under Section 6H(1) of the U.P. Industrial Disputes Act, 1947. In the said writ petition the below noted order was passed on 23.04.2007: "The grievance raised by the petitioner is that despite an order for recovery of sum of Rs.6,53,372/- having been issued by the competent authority under Section 6-H (1) of the U.P. Industrial Disputes Act, 1947 dated 08.09.2006 no further action is being taken by the Collector/District Magistrate, Kanpur (respondent no.3) in the matter. ;