High Court

Applicant :- Satya Narain Opposite Party :- Shri Devesh Chaturvedi, Prin. Secy. Agriculture, Civil Secrtt., Lko. And Another Counsel for Applicant :- Rajendra Singh Kushwaha Counsel for Opposite Party :- Rajeeva Kumar Sinha Hon'ble Manish Kumar,J. Heard. The present contempt application has been preferred for non- compliance of judgement and order dated 26.09.2023 passed in Writ-A No.7026 of 2023, which is quoted hereinbelow: "1. Contention of learned counsel for the petitioner is that despite admitting the amount payable to the petitioner towards gratuity, leave encashment and EPF, the same are not being paid. He places reliance on the judgment of this Court in the case of Gajraj Singh v. State of U.P. & Ors. (Writ Petition No.8015 (SS) of 2021) decided on 18.08.2021 whereby this Court after considering the similar issue had directed the payment of dues within three months and the contention of the respondent of lack of funds was repelled, as such, following the said judgment, the present petition is disposed off directing respondents to ensure payment of the retiral dues alongwith admissible interest to the petitioner within a period of three months from today.

2. The case of the petitioner with regard to claim of fourteen month's salary shall also be considered and decided, and if he is entitled, the same shall also be paid.

3. This order has been passed in the presence of Shri Rajeev Kumar Sinha, learned counsel appearing for respondent nos.2 to 4. " The respondent No.2 Sri Ravi Ranjan, the Managing Director, U.P. State Agro Industrial Corporation Ltd. is present and has filed affidavit praying for grant of further time for compliance of judgement and order dated 6.09.2023, which is taken on record. The writ court has directed the respondent to ensure payment of retiral dues alongwith admissible interest to the applicant within a period of three months from the date i.e date of passing of the judgement and order dated 26.09.2023. Except the EPF and part payment of gratuity, nothing has been paid to the applicant within a period of 3 months as directed by writ Court. The 3 months period had already expired on 26.06.2023 and about more than 1 year 2 months period have passed, even the admissible interest on delayed payment has not been paid to the applicant as directed by the writ court. On the previous date Respondent No.2 had appeared and made statement on 4.2.2025 that the EPF would be paid by tomorrow i.e. by next date. The order dated 4.2.2025 is quoted below: "1. The respondent no. 2 i.e.Shri Ravi Ranjan, Managing Director, U.P. State Agro Industrial Corporation Limited, Lucknow, is present and has filed a short counter affidavit, which is taken on record.

2. Learned counsel for the applicant has submitted that not even a single penny has been paid to the applicant, as far as the E.P.F, Gratuity and Leave encashment is concerned.

3. The respondent no. 2 has made a statement that the E.P.F amount will be paid to the applicant by tomorrow by transferring the amount in his account and the rest of the amount will be paid after the conclusion of the inquiry.

4. Learned counsel for the respondent prays for and is granted 24 hours time for payment of the E.P.F amount to the applicant.

5. As prayed, list this case on 06.02.2025.

6. In case, the amount is not paid to the applicant, the respondent shall appear again." Thereafter, the case was listed on 6.2.2025. The inability was shown for non-payment of post retiral dues with interest that some enquiry is pending against the applicant and the learned counsel for the Respondent No.2 had submitted that the remaining amount will be paid after the conclusion of the enquiry and every efforts shall be made to conclude the enquiry within a period of one month. The order dated 6.2.2025 is quoted herein below: "1. Shri Ravi Ranjan, Managing Director, U.P. State Agro Industrial Corporation Limited, Lucknow has filed a compliance affidavit, which is taken on record.

2. Learned counsel for the respondent no. 2 has submitted that the Employees Provident Fund (E.P.F) has been paid to the applicant and the remaining amount will be paid to him after the conclusion of the inquiry pending against him and every effort shall be made to conclude the inquiry within a period of one month.

3. As such, list this case in the week commencing 03.03.2025, within top-10 cases.

4. The respondent no. 2 is directed to file a further compliance affidavit, failing which, he shall appear for the purposes of framing of charges." Today, another application has been filed for deferment of the contempt proceedings on the ground that the enquiry has been completed and now the show cause notice is to be issued to the applicant before taking any final decision . Once the writ court has directed to ensure payment of post retiral dues with interest within a period of three months that order should have been complied with which is not being done on one pretext or the other. The Respondent No.2 is willfully disobeying the order passed by the writ court as till date neither the payment of leave encasement nor the remaining gratuity alongwith interest has been paid to the applicant though as per the directed of the writ court dated 26.09.2023 the same was to be paid within a period of three months from the date of passing of the order i.e. 26.09.2023. On being asked whether the EPF and part payment of gratuity with interest has been paid or not, it has been informed by the learned counsel for the Respondent No.2 after obtaining instructions from Respondent No.2 that the same has not been paid, this is nothing but willful disobedience of the judgement and order passed by the writ court. In the aforesaid circumstances, a case under Rule 5 of Chapter XXXV-E of Allahabad High Court Rules, 1952 (Rules framed under Section 23 of Contempt of Courts Act,1971) is made out, accordingly the following charge is being framed against the respondent- Sri Ravi Ranjan, Managing Director, U.P. State Agro Industrial Corporation Ltd. :- "Why contemnor - respondent no.2 be not punished for willful and deliberate disobedience of the judgement and order dated 26.09.2023 passed in Writ-A No.7026 of 2023". The respondent - Sri Ravi Ranjan, Managing Director, U.P. State Agro Industrial Corporation Ltd. is granted two weeks' time to file reply to the aforesaid charge. List this case on 17.04.2025. On that date, the respondent no.2 shall appear in person. Sri Rajeeva Kumar Singh, learned counsel for Respondent No.2 has submitted that he is on sanctioned leave but the present case has been listed in personal appearance case that is why he is present in the case. Order Date :- 3.3.2025 S. Kumar

Applicant :- Satya Narain Opposite Party :- Shri Devesh Chaturvedi, Prin. Secy. Agriculture, Civil Secrtt., Lko. And Another Counsel for Applicant :- Rajendra Singh Kushwaha Counsel for Opposite Party :- Rajeeva Kumar Sinha Hon'ble Manish Kumar,J. Heard. The present contempt application has been preferred for non- compliance of judgement and order dated 26.09.2023 passed in Writ-A No.7026 of 2023, which is quoted hereinbelow: "1. Contention of learned counsel for the petitioner is that despite admitting the amount payable to the petitioner towards gratuity, leave encashment and EPF, the same are not being paid. He places reliance on the judgment of this Court in the case of Gajraj Singh v. State of U.P. & Ors. (Writ Petition No.8015 (SS) of 2021) decided on 18.08.2021 whereby this Court after considering the similar issue had directed the payment of dues within three months and the contention of the respondent of lack of funds was repelled, as such, following the said judgment, the present petition is disposed off directing respondents to ensure payment of the retiral dues alongwith admissible interest to the petitioner within a period of three months from today.

2. The case of the petitioner with regard to claim of fourteen month's salary shall also be considered and decided, and if he is entitled, the same shall also be paid.

3. This order has been passed in the presence of Shri Rajeev Kumar Sinha, learned counsel appearing for respondent nos.2 to 4. " The respondent No.2 Sri Ravi Ranjan, the Managing Director, U.P. State Agro Industrial Corporation Ltd. is present and has filed affidavit praying for grant of further time for compliance of judgement and order dated 6.09.2023, which is taken on record. The writ court has directed the respondent to ensure payment of retiral dues alongwith admissible interest to the applicant within a period of three months from the date i.e date of passing of the judgement and order dated 26.09.2023. Except the EPF and part payment of gratuity, nothing has been paid to the applicant within a period of 3 months as directed by writ Court. The 3 months period had already expired on 26.06.2023 and about more than 1 year 2 months period have passed, even the admissible interest on delayed payment has not been paid to the applicant as directed by the writ court. On the previous date Respondent No.2 had appeared and made statement on 4.2.2025 that the EPF would be paid by tomorrow i.e. by next date. The order dated 4.2.2025 is quoted below: "1. The respondent no. 2 i.e.Shri Ravi Ranjan, Managing Director, U.P. State Agro Industrial Corporation Limited, Lucknow, is present and has filed a short counter affidavit, which is taken on record.

2. Learned counsel for the applicant has submitted that not even a single penny has been paid to the applicant, as far as the E.P.F, Gratuity and Leave encashment is concerned.

3. The respondent no. 2 has made a statement that the E.P.F amount will be paid to the applicant by tomorrow by transferring the amount in his account and the rest of the amount will be paid after the conclusion of the inquiry.

4. Learned counsel for the respondent prays for and is granted 24 hours time for payment of the E.P.F amount to the applicant.

5. As prayed, list this case on 06.02.2025.

6. In case, the amount is not paid to the applicant, the respondent shall appear again." Thereafter, the case was listed on 6.2.2025. The inability was shown for non-payment of post retiral dues with interest that some enquiry is pending against the applicant and the learned counsel for the Respondent No.2 had submitted that the remaining amount will be paid after the conclusion of the enquiry and every efforts shall be made to conclude the enquiry within a period of one month. The order dated 6.2.2025 is quoted herein below: "1. Shri Ravi Ranjan, Managing Director, U.P. State Agro Industrial Corporation Limited, Lucknow has filed a compliance affidavit, which is taken on record.

2. Learned counsel for the respondent no. 2 has submitted that the Employees Provident Fund (E.P.F) has been paid to the applicant and the remaining amount will be paid to him after the conclusion of the inquiry pending against him and every effort shall be made to conclude the inquiry within a period of one month.

3. As such, list this case in the week commencing 03.03.2025, within top-10 cases.

4. The respondent no. 2 is directed to file a further compliance affidavit, failing which, he shall appear for the purposes of framing of charges." Today, another application has been filed for deferment of the contempt proceedings on the ground that the enquiry has been completed and now the show cause notice is to be issued to the applicant before taking any final decision . Once the writ court has directed to ensure payment of post retiral dues with interest within a period of three months that order should have been complied with which is not being done on one pretext or the other. The Respondent No.2 is willfully disobeying the order passed by the writ court as till date neither the payment of leave encasement nor the remaining gratuity alongwith interest has been paid to the applicant though as per the directed of the writ court dated 26.09.2023 the same was to be paid within a period of three months from the date of passing of the order i.e. 26.09.2023. On being asked whether the EPF and part payment of gratuity with interest has been paid or not, it has been informed by the learned counsel for the Respondent No.2 after obtaining instructions from Respondent No.2 that the same has not been paid, this is nothing but willful disobedience of the judgement and order passed by the writ court. In the aforesaid circumstances, a case under Rule 5 of Chapter XXXV-E of Allahabad High Court Rules, 1952 (Rules framed under Section 23 of Contempt of Courts Act,1971) is made out, accordingly the following charge is being framed against the respondent- Sri Ravi Ranjan, Managing Director, U.P. State Agro Industrial Corporation Ltd. :- "Why contemnor - respondent no.2 be not punished for willful and deliberate disobedience of the judgement and order dated 26.09.2023 passed in Writ-A No.7026 of 2023". The respondent - Sri Ravi Ranjan, Managing Director, U.P. State Agro Industrial Corporation Ltd. is granted two weeks' time to file reply to the aforesaid charge. List this case on 17.04.2025. On that date, the respondent no.2 shall appear in person. Sri Rajeeva Kumar Singh, learned counsel for Respondent No.2 has submitted that he is on sanctioned leave but the present case has been listed in personal appearance case that is why he is present in the case. Order Date :- 3.3.2025 S. Kumar