- (1.) This contempt petition arises in the wake of an application filed by the petitioner Dilip Kumar Singh Choudhary with a prayer to initiate contempt proceeding for willful disobedience of the order dated 20.04.1999 passed in L.P.A. No. 298 of 1996 (R) and violation of the affidavit of the opposite party No. 4 (Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Dhanbad) dated 07.09.1999 filed in M.J.C. No. 632 of 1996 (R) with M.J.C. No. 372 of 1999 (R). Earlier a writ application being C.W.J.C. No. 1969 of 1995(R) was filed by the Zila Parishad, Karamchari Sangh, Dhanbad (a registered society) with a prayer to pay arrears of salary from 1994 to the employees of Dhanbad Zila Parishad along with its continuous payment as well as to deposit the G.P.F. In the said writ application, Zila Parishad Dhanbad had taken the plea that since amount of grant and loan are not being paid by the State Government and further arrears of cess/royalty has not been paid by the State Government to Zila Parishad and if such amount is paid by the State Government regularly, employees of Zila Parishad, Dhanbad would be paid their arrears and they will also be paid the salary continuously from month to month and as and when it falls due.
(2.) The learned Single Judge disposed of the said writ application, i.e. C.W.J.C No. 1996 of 1995(R), vide judgment dated 19.07.1996, with the following directions: Having heard the parties, this Court finds that the Zila Parishad is admittedly entitled for at least the following amount from the respondent-State of Bihar namely, ... ...this Court passed the following orders:- (1) The concerned respondents of State Government are directed to release 30% of the admitted grant in favour of Zila Parishad, Dhanbad, at least with respect to the year 1995-96, within a period of one month from the date of receipt/production of a copy of this order. (2) The concerned respondents of State Government are directed to release at least 5% of the total due against the head of cess/royalty to which the Zila Parishad, Dhanbad is entitled upto the year 1991 as shown in Annexure-A dated 23.01.1991. Such amount is to be released within a period of two months from the date of receipt/production of a copy of this order. So far as rest of the amount is concerned, against the head of cess/royalty to which the Zila Parishad is entitled, it is expected that the respondent-State will take step for release of the same in near future. (3) The respondent-Zila Parishad and its authority are directed to release the arrears of pay to its employees and also deposit the provident fund of the employees, as well as contributory part. Such salary is to be released, including the arrears of its employees; and the provident fund and contributory part is to be deposited, within a period of one month from the date of receipt of one or other aforesaid amount. It is made clear that whatever the amount that will be received by the respondent-Zila Parishad by virtue of this order, the same should be utilized firstly for the purpose of compliance of this order and only thereafter it will be open to the parties to utilise the same for some other purpose.
(3.) Being aggrieved by the judgment of learned Single Judge, State of Bihar had filed L.P.A. No. 298 of 1996(R) challenging only one part of the judgment whereby and whereunder they were directed to release at least 5% of the total dues against head of cess/royalty upto year 1991 within a period of two months from the date of receipt of copy of the judgment Thus, direction No. 2 contained in the judgment dated 19.07.1996 was challenged vide L.P.A. No. 298 of 1996(R).;