IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE EX.P. 133/2011 Reserved on: January 6, 2012 Decision on: January 9, 2012

Similar documents
*IN THE HIGH COURT OF DELHI AT NEW DELHI. % Date of decision: 16 th February, Versus

.. IN HIGH COURT OF DELHI:AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. I.A. No /2006 in C.S.(OS) No.795/2004

Through Mr. Atul Nigam, Mr. Amit Tiwari, Advs. versus

COURT NO. 2, ARMED FORCES TRIBUNAL, PRINCIPAL BENCH, NEW DELHI O.A. NO. 140 OF 2009

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SERVICE MATTER. Writ Petition (Civil) No of Judgment reserved on : November 05, 2008

W.P. (C) No. 8579/2007 Page 1 of 5

IN THE HIGH COURT OF DELHI : NEW DELHI. SUBJECT : Bihar Shops and Establishment Act, W.P.(C) No. 5114/2005. Judgment decided on:

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

IN THE GAUHATI HIGH COURT (The High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh) Small Industries Development Bank of India ( SIDBI)

% W.P.(C) No. 5513/2004

THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CRIMINAL PROCEDURE Crl. MC No.867/2012 & Crl.MAs /2012 Date of Decision:

COURT NO. I ARMED FORCES TRIBUNAL PRINCIPAL BENCH, NEW DELHI M.A NO OF 2018 & M.A NO OF 2018 IN O.A NO OF 2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. Writ Petition (Civil) No of 2008 and CM No.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SERVICE MATTER. W.P.(C) No. 763 of 2008 and C.M. No.1484 of 2008

CONTEMPT APPLICATION No. 09 OF Ram Gopal Sharma. Applicant. Versus. Sh Sanjay Mitra IAS (WB:82), Defence Secretary, 101-A, South

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : GRATUITY. WP(C) No.19753/2004. Order reserved on : Date of Decision: August 21, 2006

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE EXECUTION APPLICATION NO. 297 OF 2004 IN EXECUTION PETITION NO.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SERVICE MATTER DECIDED ON : 19th March, 2012 LPA. 802/2003 CM.A /2010

*IN THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment Reserved on: 18 th November, 2015 Judgment Delivered on: 02 nd February, 2016

* IN THE HIGH COURT OF DELHI AT NEW DELHI. % Date of decision: WP(C) No. 416 of 2011 and CM Nos /2011. Versus

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : APPOINTMENT MATTER Date of decision: 11th July, 2012 W.P.(C) No.1343/1998.

IN THE HIGH COURT OF JHARKHAND AT RANCHI. W.P.(S) No of Bindeshwari Das Petitioner -V e r s u s- B.C.C.L. & Others Respondents

IN THE HIGH COURT OF JHARKHAND AT RANCHI

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : LAND ACQUISITION. CM No of 2005 in W.P. (C) No of 1987

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFERRED CASE (CIVIL) NO(S). 11 OF Versus

Case No. 99 of Smt. Chandra Iyengar, Chairperson Shri Vijay. L. Sonavane, Member Shri. Azeez M. Khan, Member

IN THE SUPREME COURT OF INDIA. M/s Raptakos, Brett & Co. Ltd... Appellant(s) J U D G M E N T. 1) The above appeal has been filed against the judgment

IN THE HIGH COURT OF DELHI AT NEW DELHI. SUBJECT : Delhi Land Revenue Act REVIEW PETITIONS 205, 209/2007

*IN THE HIGH COURT OF DELHI AT NEW DELHI. % Date of decision: 29 th March, LPA No.777/2010

IN THE HIGH COURT OF DELHI AT NEW DELHI. CRL M C 656/2005 and CRL M A 2217/2005. Reserved on: January 17, Date of decision: February 8, 2008

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI. Judgment delivered on: December 11, 2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) No. 422 of 2010 C.R.PARK M, N & P BLOCKS RESIDENTS WELFARE

Through: Mr. Deepak Khosla, Petitioner in person.

IN THE HIGH COURT OF DELHI AT NEW DELHI. 1. Writ Petition (Civil) No of Judgment reserved on: August 30, 2007

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR RECOVERY Date of decision: 17th July, 2013 RFA 383/2012. Versus

IN THE GAUHATI HIGH COURT

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ELECTRICITY ACT, 2003 Date of decision: 19th April, 2011 W.P.(C) 8647/2007

IN THE HIGH COURT OF DELHI AT NEW DELHI. SUBJECT : Motor Vehicles Act, MAC App. No.466/2008 and CM No.12015/2008

IN THE HIGH COURT OF JHARKHAND AT RANCHI. W.P. (L) No of 2008

Facts leading to filing of OA No. 514/2002 before Hon,ble CAT, Patna Bench for grant of the benefits of the ACP scheme of 1999

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : BORDER SECURITY FORCE ACT, 1968 Date of Decision: W.P.(C) No.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ARBITRATION & CONCILIATION ACT. Date of decision: 8th March, 2013 EFA(OS) 34/2012

IN THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment delivered on: W.P.(C) 1746/2018 & C.M. No.7238/2018. versus

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS (OS) 2068/2015. versus. Through: None CORAM: JUSTICE S. MURALIDHAR

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION SUO MOTU CONTEMPT PETITION (C) NO.1 OF 2017 IN RE: HON'BLE MR. JUSTICE C.S.

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI. Company Appeal (AT) (Insolvency) No. 788 of 2018

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: July 24, W.P.(C) 7444/2018, C.M. APPL. No /2018

IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (C) No of 2013

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX MATTER. Judgment delivered on: WP (C) 4642/2008

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

CDJ 2010 SC 546 JUSTICE CYRIAC JOSEPH

THE ADMINISTRATIVE TRIBUNALS ACT, 1985 ACT NO. 13 OF 1985 [27th February, 1985.]

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD. SPECIAL CIVIL APPLICATION NO of 2015

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : TENDER MATTER. Writ Petition (Civil) No.8321 of 2008 WITH

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SERVICE MATTER. Reserved on: Date of decision:

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CONTEMPT OF COURT. Contempt case No. 293/2003 (With CM No /2006)

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. I.A. No.1167/2007 in CS(OS) No.2128/2006. Judgment Reserved on:

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL NO OF 2014 (arising out of SLP(C)No.3909 of 2012) JACKY.

THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : Delhi Rent Control Act R.C.REV.29/2012 Date of Decision: Versus

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL NOS OF 2019 (Arising out of SLP(C) Nos of 2012)

J U D G M E N T. 2. These two appeals have been filed against. the identically worded judgments of High Court. of Madhya Pradesh dated

IN THE HIGH COURT OF DELHI AT NEW DELHI. CS(OS) No.2397/2006 and IA No.7807/07 (S.151 CPC by Def.1and2 ) Date of decision:

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI. Judgement delivered on: 12 th January, W.P.(C) 7068/2014

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR POSSESSION. Date of Decision: W.P.(C) 7097/2010

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4 TH DAY OF AUGUST, 2015 BEFORE THE HON BLE MR. JUSTICE K.N.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO OF 2019 MANTRI CASTLES PVT. LTD & ANR. WITH

Central Administrative Tribunal - Delhi

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 19 th September, CM(M) 592/2016. versus CORAM: HON'BLE MR. JUSTICE J.R.

+ W.P.(C) 7804/2018 & CM No /2018. versus

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) WP(C) No. 3307/2005

Chief Manager, R. S. R. T. C., Hanumangarh v Labour Tribunal, Sri Ganganagar and another

IN THE HIGH COURT OF DELHI : NEW DELHI SUBJECT : CODE OF CRIMINAL PROCEDURE. W.P. Crl. No. 1029/2010. Decided on: 9th August, 2011.

IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION CONTEMPT PETITION (CRIMINAL) NO. 2/2012 IN CIVIL APPEAL NO. 8398/2013

IN THE HIGH COURT OF BOMBAY AT GOA

FACTUAL NOTE IN RESPECT OF BHATHA LAND (BLOCK NO. 610) FOR WHICH NOTICE HAS BEEN PUBLISHED BY THE BANK FOR ITS SALE

SLP(C) No. 3052/08 etc. ITEM NO.66 COURT NO.10 SECTION XVII SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P.378/2015 Date of Reserve: Date of Decision: versus

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION. CRIMINAL APPEAL NO. 483 OF 2019 (Arising out of SLP(Crl.) No.

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment delivered on: Versus

85/B/11-DD/114/11/DC/255/13 on the file of the 2nd Respondent in respect of the complaints of professional misconduct against the 3rd Respondent herei

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB. P. 537/2016. versus J U D G M E NT

Versus. The Presiding Officer, Labour Court No.VI,... Respondents. Delhi and Anr. Through Ms.Amita Gupta, Advocate

BE it enacted by Parliament in the Thirty-second Year of the Republic of India as follows:-- CHAPTER I PRELIMINARY

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : LAND ACQUISITION ACT, Date of decision: WP(C) No. 3595/2011 and CM Nos.

Metropolitan Transport... vs The Presiding Officer on 15 March, Metropolitan Transport... vs The Presiding Officer on 15 March, 2004

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : EXCISE ACT, 1944 CENTRAL EXCISE ACT CASE NOS. 48/2012 & 49/2012 Date of decision: 2nd August, 2013

Through : Mr.P.V.Kapur, Sr.Advocate with Mr.V.K.Nagrath, Mr.Abhay Varma & Mr.Sidhant Kapur, Advocates.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL NO Of 2011 SRI MAHABIR PROSAD CHOUDHARY...APPELLANT(S) VERSUS

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SERVICE MATTER DECIDED ON: W.P.(C) 840/2003. versus. versus

Reserved on: 3 rd February, 2010 Pronounced on: 4 th February, 2010

THE BLACK MONEY (UNDISCLOSED FOREIGN INCOME AND ASSETS) AND IMPOSITION OF TAX BILL, 2015

JUDGEMENT AND ORDER (CAV)

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ELECTRICITY MATTER. Date of Decision : January 16, 2007 W.P.(C) 344/2007

IN THE HIGH COURT OF DELHI AT NEW DELHI. CS (OS) No of Versus CORAM: JUSTICE S. MURALIDHAR O R D E R

IN THE HIGH COURT OF MADRAS. C.R.P. (NPD) No. 574 of Decided On:

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No(s) OF 2019 (Arising out of SLP (C ) No.

IN THE HIGH COURT OF DELHI AT NEW DELHI COMPANY JURISDICTION. CCP (Co.) No. 8 of 2008 COMPANY PETITION NO. 215 OF 2005

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE EX.P. 419/2008 Date of Decision: 05th February, 2013.

Transcription:

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE EX.P. 133/2011 Reserved on: January 6, 2012 Decision on: January 9, 2012 AMAR SINGH SEWARA In person.... Petitioner versus REGIONAL DIRECTOR, RBI... Respondent Through Mr. H.S. Parihar with Mr. K.S. Parihar, Advocates. CORAM: JUSTICE S. MURALIDHAR JUDGMENT 1. The prayer in this petition under Order 21 CPC is for the execution of an Award dated 30th July 2002 (published in the Gazette on 1st August 2002) passed by the Central Government Industrial Tribunal ( CGIT ) in Industrial Dispute No. 29 of 2000. 2. It may be noticed at the outset that the Petitioner has erroneously described himself as Decree Holder whereas the Award in question is one passed by the CGIT under the Industrial Disputes Act, 1947 ( ID Act ). For enforcement of an Award under the ID Act there is a separate provision under the ID Act. In any event, for the reasons set out hereafter, the prayer is misconceived since the said Award no longer exists in the eye of law. 3. This Court has heard the submissions of Mr. Amar Singh Sewara, the Petitioner who appears in person and has also considered his written arguments. 4. In Award dated 30th July 2002, published on 1st August 2002, it was held that an order passed by the Respondent Reserve Bank of India ( RBI )

holding the services of the Petitioner, who was working as Clerk Grade II, as having been voluntarily vacated with effect from 9th September 1978, was not justified, and legal. The said order was accordingly set aside and consequential benefits were granted to the Petitioner. 5. The said Award was challenged by the RBI by filing W.P. (C) No. 8124 of 2002 in this Court. By an order 17th December 2002 the operation of the Award was stayed. The interim order was confirmed by a subsequent order dated 8th August 2003. On that date this Court further directed that in terms of Section 17-B of the ID Act the arrears from the date of the Award up-todate shall be paid to the Petitioner within four weeks. 6. Ultimately W.P. (C) No. 8124 of 2002 came to be disposed of on 16th August 2004 by a detailed judgment of a learned Single Judge of this Court which held that the Award of the CGIT was not sustainable in law and accordingly set it aside. This Court further directed RBI to pay arrears to the Petitioner under Section 17-B of the ID Act. 7. Contending that the aforesaid judgment was not complied with by the RBI, the Petitioner filed Contempt Case (C) No. 106 of 2005 in this Court. The said contempt petition was disposed of on 12th August 2005 by the following order: Cont.Cas (C) No. 106/2005 1. Petitioner has initiated the present contempt petition alleging willful and intentional disobedience of the order dated 16th August 2004 passed by Madan B. Lokur, J. in CW. No. 8124 of 2002. Order directs that Respondent would determine the minimum wages due to the Petitioner for the post of Coin Note Examiner as on the date of Award and till date of the order within four weeks and pay the same to the Petitioner. 2. On facts, Madan B. Lokur, J. noted the Petitioner had rendered service only for a period of 40 days and had approached the Labour Court after nearly 18 years. 3. The short issue for determination in the present proceedings is whether the Respondent has paid amount to the Petitioner in terms of Order dated 6th August 2004.

4. Today, in Court a cheque in the sum of Rs. 71,373.85 has been handed over to the Petitioner. Earlier on, Petitioner was paid a sum of Rs. 98,814/-. 5. Shri R.N. Trivedi, learned Senior Advocate appearing for the Respondent submits that the earlier cheque was towards minimum wages and the amount being paid today is towards allowance. Counsel states that the cheque could not be sent to the Petitioner for the reason he has given his address as C/o Post Master, Narnaul, District Mahindergarh (Haryana). Petitioner who appears in person states that he must be paid wages as per settlement between the Union and the Reserve Bank of India. 6. I am afraid, order dated 16th August 2004 requires the Petitioner to be paid minimum wages for the post of Coin Note Examiner. Further, direction is that this minimum wages would be the one paid on the date of the Award. 7. Award is dated 30th July 2002 in ID No. 29 of 2002. 8. Petitioner has not been able to show, as to in what manner the payments paid to him are not the minimum wages in respect of the post of Chief Coin Note Examiner. 9. Be that as it may, I do not find any deliberate and intentional violation of the order dated 16th August 2004 in CW. No. 8124 of 2002. 10. Notice of contempt is discharged. Petition dismissed. 8. The Petitioner s appeal, LPA No. 847 of 2006, against the judgment dated 16th August 2004 of the learned Single Judge in W.P. (C) No. 8124 of 2002, was disposed of on 22nd August 2005 by the Division Bench of this Court by holding that the Petitioner was entitled to Rs. 6,635.45 per month as minimum wages for the period 30th July 2002 to 16th August 2004. The balance amount in terms of the said order was directed to be paid by RBI to the Petitioner within a period of three months failing which the RBI would be liable to pay interest @ 12% per annum. 9. The Petitioner then filed S.L.P. (C) No. 1656 of 2006 which came to be dismissed by the Supreme Court on 26th February 2006. He filed Review Petition (C) No. 248 of 2006 which too was dismissed by the Supreme Court on 2nd March 2006. With this the judgment dated 16th August 2004 of this

Court setting aside the Award dated 30th July 2002 of the CGIT, became final. Since as of date there is no Award dated 30th July 2002 in the eye of law, the present petition seeking its execution/enforcement is misconceived. 10. However, to complete the sequence of events it may be noticed that the Petitioner again filed Contempt Case (C) No. 1092 of 2006 in this Court complaining of non-compliance by the RBI with the order dated 22nd August 2005 of the Division Bench in LPA No. 847 of 2004. A detailed order was passed by this Court on 21st May 2007 dismissing the said contempt petition. The Court was satisfied that directions issued by the Division Bench in its order dated 22nd August 2005 had been complied with by the RBI. 11. Thereafter, the Petitioner approached the Delhi Legal Services Authority ( DLSA ). At the request of the DLSA, a retired Additional District & Sessions Judge examined the papers and recorded in his note dated 5th March 2008 that the request of the Petitioner for providing legal aid for implementation of the Award, could not be accepted. 12. The Petitioner next approached the National Commission for Scheduled Tribes which by an order dated 10th November 2008 concluded that the Petitioner s claim for reinstatement in service under the RBI was without merit. The plea of discrimination on caste grounds was also held to be unfounded. 13. The Petitioner then filed another Contempt Case (C) No. 686 of 2008 in this Court which was dismissed on 30th October 2009 by a speaking order. The appeal against the said order being Contempt Appeal (C) No. 20 of 2009 was dismissed by the Division Bench on 16th February 2010. 14. The Petitioner next approached the CGIT with a claim under Section 33- C (2) of the ID Act seeking the computation of his benefits in terms of the Award dated 30th July 2002. A detailed order was passed by the CGIT on 31st May 2010 dismissing his claim petition. Thereafter, the present execution petition was filed on 4th May 2011. 15. The above narration of facts shows that the Award which the Petitioner is seeking to execute was set aside by this Court on 16th August 2004. The only relief granted to the Petitioner was under Section 17-B of the ID Act.

The said relief was partly modified by the Division Bench by its judgment 22nd August 2005 in LPA No. 847 of 2004 which became final with the dismissal of the Petitioner s SLP as well as review petition by the Supreme Court. The three contempt petitions filed by the Petitioner in this Court were dismissed. It has been recorded that the order dated 22nd August 2005 of the Division Bench in LPA No. 847 of 2004 stands fully satisfied. This has been reiterated by the CGIT in its order dated 31st May 2010 dismissing the Petitioner s claim petition under Section 33-C (2) of the ID Act seeking the same relief. 16. The present petition is misconceived and an abuse of the process of law. It is dismissed as such. Sd/- S. MURALIDHAR, J