in the supreme court of india civil appellate · pdf filein the supreme court of india civil...
Post on 16-Mar-2018
223 Views
Preview:
TRANSCRIPT
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CONTEMPT PETITION NO. ………. OF 2015
IN
WRIT PETITION (CIVIL) NO. 246 OF 2011
IN THE MATTER OF:-
Prem Chand Sinha & Ors .....Petitioners
Versus
Mahendra Mohan Gupta & Ors. ......Respondents
1. I.A. No._____ OF 2015
Exemption for filing the certified copy
of the orders alongwith affidavit.
WITH
2. I.A. No._________OF 2015
Application for permission
P A P E R - B O O K
(FOR INDEX KINDLY SEE INSIDE THE PAPER BOOK)
FILED BY:
(ADVOCATE FOR THE PETITIONER(S)/
Filed on:
Sr. No.
PARTICULARS PAGE No.
1. Synopsis and list of dates
2. Memo of parties
3. Contempt of court petition under Section 10
and 12 of the Contempt of Court Act
alongwith affidavit in support
4. ANNEXURE P-1
Copy of the order dated 07.02.2014 passed in
W.P.(C) No.246/2011passed by Hon’ble
Supreme Court of India.
5. ANNEXURE P-2
Copy f the order dated 05.01.2015 passed in
CCP No.401/2014 passed by Hon’ble
Supreme Court of India
6. ANNEXURE P-3
Copy of the legal notice dated 21.01.2015
issued to the respondent No.2 and respondent
No.3.
7. ANNEXURE P-4
Copy of the legal notice dated 21.01.2015
issued to the respondent No.4 and respondent
No.5.
8. ANNEXURE P-5
Copy of the legal notice dated 21.01.2015
issued to the respondent No.6.
9. ANNEXURE P-6
Copy of the legal notice dated 21.01.2015
issued to the respondent No.7.
10. ANNEXURE P-7
Copy of the legal notice dated 21.01.2015
issued to the respondent No.8.
11. ANNEXURE P-8
Copy of the legal notice dated 21.01.2015
issued to the respondent No.9.
12. ANNEXURE P-9
Copy of the legal notice dated 21.01.2015
issued to the respondent No.10.
13. ANNEXURE P-10
Copy of the legal notice dated 02.02.2015
issued to the respondent No.11.
14. ANNEXURE P-11
Copy of the legal notice dated 02.02.2015
issued to the respondent No.12.
15. ANNEXURE P-12
Copy of the legal notice dated 02.02.2015
issued to the respondent No.13 and
respondent No.14.
16. ANNEXURE P-13
Copy of the legal notice dated 02.02.2015
issued to the respondent No.15.
17. ANNEXURE P-14
Copy of the legal notice dated 02.02.2015
issued to the respondent No.16.
18. ANNEXURE P-15
Copy of the legal notice dated 02.02.2015
issued to the respondent No.17.
19. ANNEXURE P-16
Copy of the legal notice dated 02.02.2015
issued to the respondent No.1 and respondent
No.18.
20. ANNEXURE P-17
Copy of the legal notice dated 02.02.2015
issued to the respondent No.19.
21. I.A. on behalf of the applicants for
exemption from filing the certified copies of
the orders dated 07.02.2014 passed in
W.P.(C) No.346/2011 alongwith affidavit in
support.
21. I.A. on behalf f the petitioners for permission
to file the Contempt of Court petition
alongwith affidavit in support.
22. Power of attorneys
SYNPOSIS AND LIST OF DATES
Present CCP is against the noncompliance of specific directions issued
by this Court in bunch of Writ Petitions under Article 32 of the
Constitution of India. The operative part of the said directions is
reproduced for ready reference:
“71) Accordingly, we hold that the recommendations of the
Wage Boards are valid in law, based on genuine and acceptable
considerations and there is no valid ground for interference
under Article 32 of the Constitution of India.
72) Consequently, all the writ petitions are dismissed with no
order as to costs.
73) In view of our conclusion and dismissal of all the writ
petitions, the wages as revised/determined shall be payable from
11.11.2011 when the Government of India notified the
recommendations of the Majithia Wage Boards. All the arrears
up to March, 2014 shall be paid to all eligible persons in four
equal installments within a period of one year from today and
continue to pay the revised wages from April, 2014 onwards.
74) In view of the disposal of the writ petitions, the contempt
petition is closed.”
The respondent contemnors are the Directors of the newspaper
establishments’ who have refused to comply the said directions despite
repeated requests and have also obtained the signatures of the
employees on formats under duress which is an act to overreach and
circumvent the orders described above.
The Respondents/Contemnors have further started harassing,
victimizing and coercing the employees who dare to demand the
compliance of the orders passed by this Hon’ble Court. Finding no
other remedy, the applicants are before the Court for initiation of
contempt of court proceedings against them for the acts described
above.
LIST OF DATES
1955 The Working Journalists and other Newspaper
Employees (Conditions of Service) and
Miscellaneous Provisions Act, 1955 was enacted.
Various Wage Boards as contemplated under Section
12 of the said Act were constituted and were
implemented from time to time.
24.05.2007 Central Government constituted the Majithia Wage
Board 31/12/2010 Justice (Retd) Majithia submitted
the final report to the central government after
concluding the entire proceedings of wage board
during which all the stakeholders were given chance
to put up their views.
01.11.2011 Central Government vide notification in the official
Gazette notified the recommendations of Justice
(Retd) Majithia and implemented the same on all
newspaper establishments’ including the
establishments’ of the Respondents/Contemnors.
All the newspaper establishments approached this
Hon’ble Court and filed Writ Petitions under Article
32 of the Constitution of India and the entire bunch of
the petitions was clubbed and heard together by the
Court.
07.02.2014 This Hon’ble Court vide final orders dismissed the
entire bunch of writ petitions however issued specific
directions for payment of arrears to the employees
in four equal installments and continue paying the
wages and benefits in terms of the wage board
recommendations as upheld by the court.
The Respondents/Contemnors refused to comply with
the directions issued by the Court and started
harassing and terrorizing the employees demanding
the compliance of the directions of the Court. The
employees are left with no options now.
21.01.2015 Legal notices against the respondent contemnors were
issued asking them comply the orders of the court
however, despite the receipt of the said legal notices,
the respondents have failed to comply with the orders
of the Hon’ble Court.
02.02.2015 Legal notices against the respondent contemnors were
issued asking them comply the orders of the court
however, despite the receipt of the said legal notices,
the respondents have failed to comply with the orders
of the Hon’ble Court.
HENCE THIS CCP
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CONTEMPT PETITION NO. ………. OF 2015
IN
WRIT PETITION (CIVIL) NO. 246 OF 2011
WITH
WRIT PETITION (CIVIL) NO. 382 OF 2011
WRIT PETITION (CIVIL) NO. 384 OF 2011
WRIT PETITION (CIVIL) NO. 386 OF 2011
WRIT PETITION (CIVIL) NO. 408 OF 2011
WRIT PETITION (CIVIL) NO. 510 OF 2011
WRIT PETITION (CIVIL) NO. 538 OF 2011
WRIT PETITION (CIVIL) NO. 514 OF 2011
WRIT PETITION (CIVIL) NO. 546 OF 2011
WRIT PETITION (CIVIL) NO. 87 OF 2012
WRIT PETITION (CIVIL) NO. 264 OF 2012
WRIT PETITION (CIVIL) NO. 315 OF 2012
WRIT PETITION (CIVIL) NO. 817 OF 2013
MEMO OF PARTIES
1. Prem Chand Sinha
S/o Late Sh. Shambhunath Sinha,
R/o 4-C, 432, Votalok,
VAsundhra, Ghaziabad.
2. Subhash Pathak,
S/o Late. Sh. Ram Swaroop Pathak,
Mani Nath Road, Sithaura,
Sarai Talfee,
Bareilly, U.P.-243001.
3. LalitvijayVergiya
S/o Sh. BadriLal Vijay,
Near Of Ek Minor Maszeed,
Chhawani, Kota
4. Santosh Patel,
S/o Sh. Ashok Kumar Patel,
R/o Chandapur (Raja Talab),
Varansi, Banaras.
5. RizwaanKaji,
S/o Abdul Aziz Kaji,
C-107, Hudco Colony,
Sector-5, Gardhi Nagar, Chitorgarh
6. Lalit Kumar Ojha
S/o Late ShivduttOjha
C-324, ShivshantiKunj,
AjadNagra, Bhilwara,
Rajasthan.
7. Suresh Chand Sharma,
S/o Sh. Ramavtar Sharma,
R/o Vill. & Post Office Bahadurpur,
Distt. Alwar, Rajasthan.
8. Subham Singh,
S/o Sh. Sabhajeet Singh,
R/o Vill. Takarpur Nagar,
Post Office Sorapur,
Distt. Sultanpur, Rajasthan.
9. RavinderShrivastav,
S/o Sh. Ram Chandra Shrivastav,
R/o H.No.37/519/13, Naglapati,
Agra-5, U.P.
10. Shekhar Kaushik,
S/o Sh. Om Prakash,
H.No.16/200, Sahu Nagar,
SawaiMadhopur,
Rajasthan-322001.
11. Sumit Kumar Pandey,
S/o Sh. Ravi Narayan Pandey,
PuraniBasti, Malvi Nagar,
Pokhrayan, Kanpur (Depot).
12. Paul Christopher,
S/o Sh. Jawahar Christopher,
R/o Vill. Bhimnagar, Post Farah,
Distt. Mathura, U.P.
13. Ram Dayal
S/o Sh. Kalla Ram,
R/o Ward No.5, Mirzapur,
Teh. Gangapur City,
Dist. SwaiMadhopur,
Rajasthan.
14. Kanwar Pal Singh,
S/o Sh S. Kirpal Singh Yogi,
R/o 399/18, Onkar Nagar,
Gurdaspur, Punjab.
15. Vijay Bihari Singh,
S/o Late. Mangla Prasad Singh,
9-B, N.G. Basak Road,
2nd
Floor, Near Central Jail Bus Stop,
P.o. Mall Road, Dumdum,
Kolkata-700080.
16. Prakash Bhardwaj,
S/o Sh. BudmishChander Bhardwaj,
R/o AshirwadBhawanDhainda,
P.O. Totu, Distt. Shimla,
Himachal Pradesh-700007.
17. Ravinder Pal Singh,
S/o Gurdev Singh,
H.No.276, Pahari Gate,
Raiangali, Batala,
Distt. Gurdaspur,
Pubjab.
18. Deepak Kalia
S/o Sh. SurinderKalia,
Back Side GeetaBhawan,
Shiv Nagar, Gurdashpur,
Punjab-143521.
19. VivekanandVallabhadaPurohit,
8A, Navjivan Society,
Vitthalwadi, Bhavnagar,
Gujrat-364001.
20. Ashok Kumar
S/o Sh. Jai Prakash
VPO Gopi,
Teh. CharkhiDadri,
Distt. Bhiwani
Haryana-127308.
21. Manoj
S/o Late Sh. Om Prakash Khanna,
63-C, Raj Mohalla,
Gaur Bajaar, Near Old SubziMandi,
Sonipat, Haryana-131001.
22. Sunil Tiwari,
S/o Tulsi Tiwari,
1/L/5, Sec.-6, Dorg, C.G.,
Bhilai,
23. Jatin Jain,
S/o Sh. Narender Jain,
R/o H.No.319/13, Jain Street,
GanaurMandi, Sonipat
Haryana-131101
24. Rajendra Kumar Saini,
S/o Sh. D.K. Saini,
Ward No.12, Churu,
Rajasthan.
25. Surender Kumar
S/o Sh. Om Prakash
H.No.618/14, Mile Gate,
Shiv Nagar, Shiv Mandir,
Near Shiv Dharamshala,
Hissar, Haryana-125001.
26. Bishan Singh
S/o Sh. Mahabir Singh,
VPO Jeetwan Bars,
Distt. Bhiwani,
Haryana-127029.
27. Ved Prakash
S/o Sh. Ram Swaroop,
VPO DhaniPirwali,
Teh. Hansi, Distt. Hissar,
Haryana-125033.
28. Kuldeep Kumar,
S/o Sh. Lachhu Ram,
H.No.185, Ward No.5,
Gali No.3, ShyamLalDhani,
Mile Gate Road, Hissar,
Haryana-125001.
29. Rajesh Kumar,
S/o Sh. Permeshari Prasad Sahi,
S-803, Saffron Tower,
AjnaraCien-x, Crossing, Republic
Ghaziabad, U.P.-201009.
30. Munna Prasad,
S/o Sh. Ramnath,
H.No.37, Gali No.18,
Surya Nagar,
Hissar.
31. NareshKharb,
S/o Sh. Ram Kumar,
R/o H.No.18, Surya Nagar,
Hissar, Haryana.
32. Shiv Adhar Singh,
S/o Sh. Ajay Kumar Singh,
R/o Vill. Bhupatipur,
P.O., Pakarpur, Distt
Distt. Sultanpur,
Utter Pradesh-228161.
33. Ranjeet Singh Rajput,
S/o Sh. Om Narayan
R/o SunarDaveli, AanaSagar,
ChotiGanj, Ajmar,
Rajasthan
34. PawanDuniya,
S/o Sh. Prakash Chand Duniya,
H.No.319/15, Shakti Nagar,
Railway Gate No.43B,
Shri Nagar Road, MayarChungi,
Ajmar Rajasthan-305001.
35. Surender Sharma,
S/o Sh. Suresh Sharma,
R/o B-27-28,
PANSAL Circle Pur Road,
Bhilwara, Rajasthan.
36. Mahavir Prasad,
S/o Sh. ShishpalMaanju,
H.No.1553, Sector-13,
Hisar, Haryana-125001.
37. Vijender Kumar
S/o Sh. Om Prakash
R/o Rai Singh Kidhani,
Gali No.2, Sarai Chopta,
Bhiwani, Haryana-127021.
38. AlokBabuShahar,
S/o Sh. BadriShahar,
H.No.1502, BasantVihar,
Kota, Rajasthan-324009.
39. Dinesh Sharma,
S/o Sh. Radhey Sharma,
R/o AathitiGrah, Behind Namdev,
Dharamshala, Patanpole,
Kota-324006.
40. Abdul Karim
S/o Sh. Jaan Mohammed,
R/o Near Nehru Children School,
Indra Gandhi Nagar,
DCM, Kota-324004.
41. Ashfak Ali Ansari,
S/o Sh. Rashid Mohamme,
R/o 4- H-16, Sanjay Nagar, Vigyan Nagar,
Kota-324005.
42. Kunj Bihar,
S/o Sh. Mohan Ahir,
R/o 331, Uttam Nagar,
Dewali Arab Road,
Borkhada, Kota.
43. Prahlad Kumar Prajapati,
S/o Sh. PuriLal,
Village Gadia, Post Samrai,
Teh. Jhalarpatna, Distt. Jhalwar,
Rajasthan-326501.
44. Amrit Singh Hada,
S/o Late Sh. Shyam Singh Hada,
R/o ChawniRamchandra, Pura,
Rajput Colony, Behind Girls School,
Kota, Rajasthan-324007.
45. Anil Sharma,
S/o Sh. Nand Sharma,
R/o 2-CHH-14, Vigyan Nagar,
Kota, Rajasthan-324005.
46. Devendra Singh
S/o Sh. NathuTanwar,
R/o 138, PanditDeendyalUpaday Nagar,
Kota, Rajasthan-324005.
47. Irfan Ali,
S/o Sh. Mohammad Ali,
R/o 1-L-35, Vigyan Nagar,
Behind New Jamma Masjid,
Kota, Rajasthan-324005.
48. Anil Kumar,
S/o Sh. S.N. Nagar,
R/o C-333, MunimAwasiya Colony,
Prem Nagar, Kota.
49. Anil Kumar Ghosh,
S/o Sh. Hariday Ghosh,
R/o Poonam Colony,
Gali No.6, Station Road,
Kota, Rajasthan.
50. Devendra Kumar Dadhich
S/o Sh. Madan Dadhich,
R/o NearAkhlesh Bal Niketan School,
Gordhanpur, Kota.
51. Mukesh Kumar,
S/o Sh. Chothe Mal,
R/o Gali No.11, Saraswati Colony,
Rangpur Road,
Near Pratap, ITI, Kota,
52. Santosh Shrivastva,
S/o Sh. Shiv Shrivastava,
R/o 4-N, Talwandi
Near Govt. Dispencary,
Kota-324005.
Rajasthan.
53. Zuber Khan,
S/o Liyakat Ali Khan,
R/o 2-C-1, Vigyan Nagar,
Chhatpura, Talab,
Main Road, Kota.
54. Girish Chaudhary,
S/o Sh. Rameshwar Chaudhary,
R/o B1, NamrtaAawas,
BajrangNagra, Police Line,
Kota.
55. Subhash Sharma,
S/o Sh. Ramesh Sharma,
R/o H.No.909, Rajput Colony,
RamchandrapuraChawani,
Kota, Rajasthan-324007.
56. Abdul Salam Khan,
S/o Sh. Usman Ali,
R/o Near Income Tax Office,
Durga Colony, CAD Road,
Kota, Rajasthan-324009.
57. JavedMinu,
S/o Sh. Abdul Ansari,
R/o H.No.22-B, Baff Nagar,
Opp. Chambal Garden,
Kota, Rajasthan.
58. Inder Raj Nama,
S/o Sh. Ram Nama,
VPO KheraRasoolPur,
Kota, Rajasthan-325001.
59. Surendra Bansal
S/o Sh. Babu Bansal,
R/o 2-A-9, Shiv Mandir Road,
Kanswa, Kota-324004.
60. Raghu Raj Singh,
S/o Sh. Man Singh,
ChawniRamchandraPura,
Near Police Station,Kota.
61. Ranu Gaur,
S/o Sh. ChunniLal,
H.No.H-10, PRS Colony,
Kota-324007.
62. Vishnu Shankar,
S/o Sh. RamchandraRathor,
H.No.127-D, Near NathuLal,
PhalwanRamchandraPuraChawani,
Kota-324007, Rajasthan
63. Vishnu Balodia,
S/o Sh. JaganNathBalodia,
H.No.59-D, Ramchandrapura,
Chawani Kota, Near Tailiyaka
Shiv Mandir, Kota-324007.
64. Avinath Tiwari,
S/o Sh. Madan Tiwari,
R/o MangalBhawan Near
Narayan BalNiketanSarayka
KA Sthan, Kota-324006.
Rajasthan.
65. Hemant Kanwasiya,
S/o Sh. Ram Kanwasia,
R/o H.No.4-E-31, DadabariExtn.,
Kota, Rajasthan-324009.
66. Ashish Shringi,
S/o Sh. HargovindShringi,
R/o PanditBhawan,
Near ChawaniSAbjiMandi,
Kota, Rajasthan-324007.
67. Ravi Kant Kasera,
S/o Sh. Shiv Kasera,
R/o H.No.1-B-8, Vikas Nagar,
Bundi, 323001.
Rajasthan.
68. Gumani Shankar,
S/o Sh. Ram Nagar,
R/o 5-D-5, Mahveer Nagar-III,
Kota-324005, Rajasthan
69. Sunil Mehandale,
S/o Sh. Madhukar,
R/o 462/3, AanadVihar,
Dadwara, Kota,
Rajasthan=324002.
70. Mahesh Chand Sharma,
R/o Ghansi Sharma,
H.No.2/198, Swami Vivekanand Nagar,
Kota, Rajasthan-324010.
71. Vijay Goswami,
S/o Sh. GopiGoswami,
R/o H.No.222, Gali No.5,
Shyam Nagar, RawatBhata Road,
Kota, Rajasthan.
72. Pradeep Kumar Sharma,
S/o Sh. Kailash Narayan,
R/o 30, Shreeram Nagar,
Devali Arab Road, Bordkheda
Rajasthan.
73. Naresh Kumar,
S/o Sh. Heera Nagar,
Vill. Chiral, Post Labaniya,
Teh. Sangod, Distt. Kota.
Rajasthan.
74. Rajeev Mishra,
S/o Sh. Ashok Mishra,
R/o Kalidass Colony,
Jhalawar.
75. SanjivDadhich
S/o Sh. Vishnu Dadhich
R/o NearLakshya School,
Sanjay Colony,
Jhalwar-326001.
76. Vinay Kumar Jain,
S/o Sh. Raj Jain,
R/o H.No.31, Dhokredy Key Balaji,
Kherapiyo Ki GaliNearMadarsa,
Jhalwar-326001.
77. Mohsin Khan,
S/o Sh. Abdul Khan,
H.No.104, Balaji Road,
ImmamBada,
Near FatehKha Majid,
Jhalawar=326001
Rajasthan.
78. Dinesh Maheshwari,
S/o Sh. GopiMaheshwari
R/o 4-A, Krishna Nagar,
Bajrang Nagar, Kota
Rajasthan-324001.
79. Amlesh Gupta,
S/o Sh. Ramji Gupta,
R/o Hanuman Gadrdi,
Behind Kunhari Police Station,
Kota-324008, Rajasthan.
80. Mahendra
S/o Sh. Ram Dayal Naroliya
R/o 56-B, Kasturba Nagar,
Near Chetak Bridge,,
Bhopal
81. Deepak Singh Chandel
S/o Late Sh. Vijay Singh Chandel,
R/o 1854/2-A, Mehandi Bagh,
Jhanshi.
82. Ramkumar Shahu,
54, Puna Bhawan,
Taliaya, Jhansi.
83. Rajesh Kumar Aggarwal,
S/o Sh. Manhar Lal Agarwal,
R/o 15, Patrakar Colony,
Ring Road No.2,
Bilaspur (C.G.)-495001.
84. Ramesh Joshi
S/o Late. Sh. Tara Dutt Joshi,
R/o RZ-317/20, Tuglakabad Extn.,
New Delhi-110019.
85. Hemant Choudhary,
Solapur, Maharashtra.
86. Ravinder Aggarwal,
S/o Sh. Ramsawroop Aggarwal,
R/o Ward No.8, College Road,
Kangra City, Teh. & Distt. Kangra,
H.P-176001.
87. Raj Kumar
S/o Sh. Om Parkash,
R/o Village Bhodwal,
Post Office Mataur,
Teh. Dharamshala,
Distt. Kangra,
Himachal-176001.
88. Ravinder Singh Wasan,
S/o Sh. Paramjeet Singh Wasan,
46, Civil Lines, Dharamshala City,
Distt. Kangra-176215
89. Deshraj Sharma,
R/o Om Parkash
R/o Kamla Cottage,
Ward No.6, Ramnagar,
P.O. & Teh. Dharamshala,
Distt. Kangra-176215.
90. Hemant Sharma,
S/o Sh. Kedar Sharma,
R/o H.No.1089, Basant Vihar,
Post Dadabari, Kota-324009.
91. Shailendra Mathur
S/o Vipin Mathur,
H.No.255, Retwali
Kaithunipole, Kota-324006.
92. Sunil Kumar Verma,
S/o Sh. Mohan Verma,
New Post Office Road,
Uma Grah K Pass Bhemganj
Mandi Kotak-324002.
93. Samkit Jain
S/o Sh. Ajay Jain
R/o H.No.85, Bajbhawan
Vivekanand Nagar, Deoli
Tonk-304804.
94. Jatin Sharma,
S/o Nsrendra Sharma,
R/o H.No.23/62, Saray Ka Sthan
Patanpole, Kota-324006.
95. Pankaj Mittal,
S/o Sh. Ramesh Mittal,
R/o H.No.44/470, Chawani Ramchandra,
Pura Kota-324007
Rajasthan.
96. Jitendra Joshi,
S/o Sh. Shiv Joshi,
Kothari Sabji Mandi,
Jamna Pan Bhadar Ki Gali,
Kota, Rajasthan.
97. Pankaj Pareek,
S/o Sh. Richhpal Pareek
H.No.50, Dostpura Civil Lines,
Nayapura, Kota-324001.
98. Ram Vishal Nagar,
S/o Sh. Ratan Lal Nagar,
R/o Village & Post Jaloda
Tehsil K. Patna, Distt. Bundi
99 Anil Sharma,
S/o Sh. Anjani Sharma,
R/o H.No.2-E-31, Rangbari,
Awas Vikas Yojna,
Kota-324005.
100. Dayam Khan,
S/o Abdul Khan,
R/o H.No.133/134, Dugra Colony,
Behind BSNL Office,
CAD Kota=324009.
101. Kishan Swaroop Sharma,
S/o Sh. Nathu Lal Sharma,
R/o Durga Colony,
Near Govt. School,
Behind Income Tax Office,
CAD Kota-324005.
102. Vinod Kumar Yadav
S/o Sh. Suresh Yadav,
R/o 61-Dhakar Mohalla,
Ajnawar, Tehsil Chipa Board,
Distt. Baran-325221,
103. Rakesh Jain
S/o Mohan Jain,
R/o H.No.12/92, Arya Samaj Street,
Vijay Pada Rampura,
Kota, Rajasthan-32006.
104. Om Prakash
S/o Sh. Ram Goswami,
R/o Village Ekda,
Tehsil Chouth Ka Barwada,
Distt. Sawai Madhopur,
Rajasthan.
105. Anavar Hussain,
S/o Sh. Maksood Ali,
R/o H.No.170, Subhash Nagar-II,
Kota, Rajasthan.
106. Chaturbhuj Pankaj,
S/o Sh. Nand Lal,
R/o Lanka Colony,
Ward No.22, Madhuwan Road,
Baran-325205.
107. Giriraj Rathi,
S/o Sh. Nand Lal,
Kunj Vihar Colony,
Atru Road Thad,
K Balaji K Samney Baran-325205
108. Parveen Kumar Beniwal,
S/o Sh. Pradeep Kumar Beniwal,
R/o A-78, Saraswati Nagar,
Basni, 1st Phase, Jodhpur,
109. Rajnish Jangir,
S/o Sh. Rajendra Prasad,
R/o 3-M-25, Housing Board,
Bapunagar, Bhilwara,
Rajasthan-311001.
110. Narayan Lal Sharma,
S/o Sh. Mathura Lal Sharma,
R/o Village Kanwakhera,
Near Kanwakheda Park,
Bhilwara-311001.
111. Prem Kumar Gadwal,
S/o Sh. Hamir Lal Gadwal,
R/o Vill Jawahar Nagar,
Pansal Road,
Bhilwara, Rajasthan.
112. Mast Ram
S/o Sh. Rangila Ram
R/o C/o Shyam Lal Building,
Near The park Hotel,
Rajeev Rohal Shop,
Kachiu Ghatti,
Shimla, H.P.
113. Upender Kumar Singh,
S/o Sh.Haribans Narayan Singh,
R/o Vill. Shoghi Medical,
Store Shoghi, Shimla, H.P.
114. Mukesh Sharma,
S/o Sh. Vidya Sagar Sharma,
R/o Prem Kunj, Laxmi Narayan Mandir
Sanjauli, Shimla.
115. Inder Singh Thappa,
S/o Sh. Virender Singh,
R/o Village Balwab,
P.O. Badehari,
Tehsil & Distt. Shimla,
H.P.-171011.
116. Ashok Kumar,
S/o Prakesh Chand,
R/o Flat No.404, Block-22,
Sector-3, New Shimla,
Shimla, H.P.
117. Pradeep Vyas
S/o Sh. RameshwarLal Vyas,
H.No.15/307, Sindhu Nagar,
Bhilwara-311001. Petitioners
Versus
1. Mr. Mahendra Mohan Gupta,
Chairman & Managing Director,
Registered office and Head Office,
Jagran Prakashan Ltd.,
Jagran Building,
2, Savodaya Nagar,
Kanpur-208005, U.P.
Also At.
Corporate Office,
Jagran Prakashan Ltd.,
50-B, Okhla Industrial Area,
Phase-III, New Delhi-110020. Respondents/Contemnors
Also at
Editorial Office,
Jagran Prakashan Ltd.,
D-210 & 211, Sector-63
NOIDA, U.P.
2. Ramesh Chandra Aggarwal,
D.B. Corporation Ltd.,
Dainik Bhaskar,
Plot No.280, Sarkhej
Gandhinagar Highweay,
Near YMCA Club,
Makbara, Ahmedabad,
Gujrat.
Also At
D.N.A.,
(unit of D.B. Corporation Ltd.,
Dainik Bhaskar,
4/54, Press Complex,
A.B. Road,, Indore, M.P.
Also At
D.N.A.,
(unit of D.B. Corporation Ltd.,
Dainik Bhaskar,
Diligent Media Corporation Ltd.,
11th Floor, Tower,
India Bulls Finance Centre,
Senapati Bapat Marg,
Elphinstone (West) Mumbai-400013
Also at
D B Corp Limited
D-143, 2nd
Floor,
Sector-63,
Noida, U.P.-201301 Respondents/Contemnors
Also at
Dainik Bhaskar
6, Ram Gopal Maheshwari Marg
Zone-I, Maharana Pratap Nagar
Bhopal, Madhya Pradesh
Also at
Dainik Bhaskar
Plot No:11-12
Raisen Rd, Sector B,
Govindpura Industrial Area
Bhopal
Also at
Dainik Bhaskar
Shre Ram Plaza
1, Kolar Rd, Shirdipuram, Banjari Colony
Bhopal, Madhya Pradesh
Also at
Dainik Bhaskar
6, Dwarka Sadan, Press Complex
M.P. Nagar, Bhopal
Also at
Dainik Bhaskar
1103, Ansal Towers-38
Nehru Place
New Delhi - 110019
Also at
Business Bhaskar
Lower Ground Floor, 2 E/22,
Jhandewala Extension
Swami Tirath Nagar,
New Delhi – 110055 Respondents/Contemnors
Also at
Dainik Bhaskar
402, 4th Floor
Ratan Jyoti Buliding
Rajendra Place,
New Delhi-110008
Also at
Bhaskar
D.B. Corp Ltd.
(Dainik Divya Marathi),
Plot No. 15295, Motiwala Complex,
Jalna Road Opp. Air India Office
AURANGABAD - 431003
Also at
Bhaskar
Plot No. 11-12
Sector-25-D
Chandigarh
Also at
Bhaskar
4/54,Press Complex , A.B. Road
Indore , M.P.
Also at
Bhaskar
10, Jawaharlal Nehru Marg,
Malviya Nagar,
Jaipur
Also at
Bhaskar
6th Floor, Panchwati Tower,
Harmu Road
Behind Vishal Mega Mart
Ranchi , Jharkhand Respondents/Contemnors
3. Sudhir Aggarwal,
Managing Director
D.B. Corporation Ltd.,
Dainik Bhaskar,
Plot No.280, Sarkhej
Gandhinagar Highweay,
Near YMCA Club,
Makbara, Ahmedabad,
Gujrat.
4. Mr. Gulab Kothari, Chairman,
Rajasthan Patrika Pvt. Ltd.,
Jawaharl Lal Nehru Marg,
Keshgarh, Jaipur,
Rajasthan.
5. Mr. Nihar Kothari, M.D.,
Rajasthan Patrika Pvt. Ltd.,
Jawaharl Lal Nehru Marg,
Keshgarh, Jaipur,
Rajasthan.
6. Mr. Rajul Maheshwari,
Managing Director,
Amar Ujala Publication Ltd.,
C-21, Sector-59,
NOIDA, U.P.
Also at
Mr. Rajul Maheshwari,
Managing Director,
5/1, INS Building,
Rafi Marg,
New Delhi-110001.
7. Mr. Deen Bandhu Chaudhari,
Nav Jyoti Printing Press Pvt. Ltd.,
PO Box No.72, Ajmer
Rajasthan, Respondents/Contemnors
8. Mr. Shailendra Bhadauria, Chairman,
National Duniya News Paper,
Ess Bee Media Pvt. Ltd.,
W-23, Sector-11, NOIDA,
9. Mr. Vivek Goenka, Chairman,
Jansatta,
A-8, Sector-7, Near Taksal,
Noida-201301.
Also at
Indian Express Online Media Pvt. Ltd.,
9-10, Bahadur Shah Zafar Marg,
Express Building,
I.T.O., New Delhi-110002.
Also at
The Indian Express Ltd.,
Second Floor,
Express Towers,
Nariman Point, Mumbai
Also at
The Indian Express Ltd.,
Second Floor, Express Towers,
Nariman Point,
Mumbai-400021.
10. Capt. Abhimannu,
Haribhumi Newspaper,
Near Central Excise Office,
Opp. Pujari Park,
Tikrapara, Raipur,
Chattisgarh.
Also At
Haribhoomi Press
Head Office,
330, Vinay Nagar,
Bypass Road,
Rohtak-124001. Respondents/Contemnors
Also At
Haribhoomi Press,
Delhi Office,
A-19, Onkar Deep Building,
201, Middle Circle,
Connaught Place,
New Delhi-110001.
Also At
Haribhoomi Press
Near Central Excise Office,
Opp. Pujari Park, Tikrapara,
Raipur, Chattisgarh.
11. Mr. Bhanu Dhamija,
Divya Himachal Prakashan Pvt. Ltd.,
Kangra-Pathjankot Marg,
Old Mataur, Kangra,
Himachal Pradesh-176001.
Also At
Divya Himachal Prakashan Pvt. Ltd.,
All Manjeel, Franklin Estate,
Lower Jakhu, Shimla,
Himachal Pradesh-171001.
12. Mr.Vinod Maheshwari,
Navbharat Hindi Daily,
Navbharat Bhawan,
Wardha Road, Sneh Nagar,
Nagpur-440015.
13. Mr. Murlidhar Ananta Shingote,
Shree Ambika Printers and Publications,
Murlidhar Ananta Shingote
B-407, Ashoka Apartment,
Mahatam Phoole Road,
Mulund (East) Mumbai. Respondents/Contemnors
Also At
Shree Ambika Printers and Publications,
Plot No.7, Narayan, Udyog Bhavan,
Industrial Estate,
Dr. Baba Saheb Ambedkar Road,
Lalbaug, Mumbai-400012
14. Mr. Parveen Murlidhar Shingote,
Shree Ambika Printers and Publications,
Murlidhar Ananta Shingote
B-407, Ashoka Apartment,
Mahatam Phoole Road,
Mulund (East) Mumbai.
Also At
Shree Ambika Printers and Publications,
Plot No.7, Narayan, Udyog Bhavan,
Industrial Estate,
Dr. Baba Saheb Ambedkar Road,
Lalbaug, Mumbai-400012.
15. Ms. Shobhna Bhartiya, Director,
Hindustan Media Ventures Ltd.,
7, Kokar Industrial Area,
Near Sadar Thana, Kokar,
Ranchi, Jharkhand-834001.
Also at
Ms. Shobhna Bhartiya, Director,
H.T. Media Ltd.,
18-20, K.G. Marg,
New Delhi-110001.
16. Mr. Arun Sahlot, Chairman,
Raj Express, Raj Group,
21, Zone-II, M.P. Nagar,
Bhopal-462001. Respondents/Contemnors
Also at
Mr. Arun Sahlot, Chairman,
Raj Express, Raj Group,
Leading Hindi Newspaper of M.P.
Plot No.27, 2nd
Floor,
Shanivar Darpan,
Press Complex A, B. Road,
Indore-452008.
17. Mr. Subrat Roy, Chairman,
Rashtriya Sahara Newspaper,
Sahara India Mass Communication,
Sahara India Centre,
2, Kapoorthala Complex,
Aliganj, Lucknow-226024.
Also At
Mr. Subrat Roy, Chairman,
Sahara India Mass Communication,
Rashtriya Sahara
1216-1220, 12th
Floor,
Navrang House,
21, Kasturba Gandhi Marg,
New Delhi-110001.
Also at
Mr. Subrat Roy, Chairman,
Rashtriya Sahara Newspaper,
Sahara India Mass Communication,
Sahara Shaher,
Gomti Nagar,
Lucknow-226010
18. Mr. Sanjay Gupta,
CEO & Whole Time Director,
Registered office and Head Office,
Jagran Prakashan Ltd.,
Jagran Building,
2, Savodaya Nagar,
Kanpur-208005, U.P. Respondents/Contemnors
Also At.
Corporate Office,
Jagran Prakashan Ltd.,
50-B, Okhla Industrial Area,
Phase-III, New Delhi-110020.
Also at
Editorial Office,
Jagran Prakashan Ltd.,
D-210 & 211, Sector-63
NOIDA, U.P.
19. Mr. Prafulla Maheshwari,
Navbharat Hindi Dainik
3, Indira Press Complex,
Ram Gopal Maheshwari Marg,
Zone-1, M.P. Nagar,
Bhopal, M.P.-462011. Respondents/Contemnors
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Contempt of Court Petition No. -------------of 2015
IN
WRIT PETITION (CIVIL) NO. 246 OF 2011
WITH
WRIT PETITION (CIVIL) NO. 382 OF 2011
WRIT PETITION (CIVIL) NO. 384 OF 2011
WRIT PETITION (CIVIL) NO. 386 OF 2011
WRIT PETITION (CIVIL) NO. 408 OF 2011
WRIT PETITION (CIVIL) NO. 510 OF 2011
WRIT PETITION (CIVIL) NO. 538 OF 2011
WRIT PETITION (CIVIL) NO. 514 OF 2011
WRIT PETITION (CIVIL) NO. 546 OF 2011
WRIT PETITION (CIVIL) NO. 87 OF 2012
WRIT PETITION (CIVIL) NO. 264 OF 2012
WRIT PETITION (CIVIL) NO. 315 OF 2012
WRIT PETITION (CIVIL) NO. 817 OF 2013
IN THE MATTER OF:-
Prem Chand Sinha &Ors .... Petitioner (s)
Versus
Mahendra Mohan Gupta & Ors. ......Respondents
CONTEMPT OF COURT PETITION UNDER SECTION 10 AND
12 OF THE CONTEMPT OF COURT ACT FOR DELIBERATE,
WILFUL AND INTENTIONAL VIOLATION OF THE
DIRECTIONS ISSUED BY THIS HON’BLE COURT VIDE
ORDERS DATED 7/2/2014 IN BUNCH OF PETITIONS WITH
LEAD CASE BEING WP ( C ) NO. 346/2011 TITLED AS “ABV
PVT LTD & ORS VS UNION OF INDIA & ORS.”
MOST RESPECTFULLY SUBMITTED AS UNDER:
1. That the Applicants are constrained to approach against the act of
deliberate, intentional , willful and flagrant violation of the directions
issued by this Hon’ble Court on 7/2/2014 in bunch of Writ Petitions as
mentioned above.
2. That the respondent contemnors are guilty of not only violating
and non complying with the orders and directions of the court but also
guilty of trying to overreach, circumvent and ignore the orders of the
court issued specifically to all newspaper establishments for releasing
the arrears to its employees under the Majithia Wage Board.
3. That the present Contempt of Court Petition arises due to the
noncompliance of the orders passed by this Hon’ble Court issuing wide
ranging directions for release of the benefit to the newspaper
employees as notified by the Central Government vide its notification
dated 1/11/2011 popularly called the Majithia Wage Board
Recommendations.
4. That the wage board as contemplated under Section 12 of the
Working Journalists and other Newspaper Employees (Conditions of
Service) and Miscellaneous Provisions Act, 1955 was constituted and
notified by the Central Government was issued on 24/5/2007 to this
effect.
5. That the said Wage Board held its deliberations and heard all the
stakeholders and finally submitted its report on 31/12/2010.
6. That the said report was duly accepted by the Central
Government and a notification for its implementation was issued by the
Central Government on 1/11/2011 however most of the
Respondents/Contemnors did not implement the said recommendations
despite the same being notified by the Central Government and gaining
a statutory status.
7. That the employers including the Respondents/Contemnors
approach this Hon’ble Court against the notifications of the Central
Governmentand several Writ Petitions under Article 32 of the
Constitution of India were filed before this Hon’ble Court by all the
Respondents/Contemnors interalia on various grounds.
8. That Hon’ble court refused to entertained the contentions against
the notification of the Central Government raised by the newspaper
establishments and upheld the recommendations of the statutory wage
board and has also issued specific directions for the release of the
benefits vide its orders dated 7/2/2014.
9. That while dismissing all the writ petitions, the court issued
specific directions for the time bound implementation of the
recommendations of the statutory wage board as notified by the Central
Government. The directions of the court thus superseded the
notification dated 1/11/11 issued by the Central Government and the
notification became the part of the directions issued by this Hon’ble
Court. The Respondent /Contemnors are under obligation to comply
with the said directions issued by the Court.
10. That the said directions of this Hon’ble Court are in the
knowledge of all the Respondents/Contemnors’ as it was widely
published and reported in public domain. The relevant and operative
part of the directions of the Court dated 7/2/2014 is reproduced
hereunder for ready reference:
“71) Accordingly, we hold that the recommendations of the
Wage Boards are valid in law, based on genuine and acceptable
considerations and there is no valid ground for interference
under Article 32 of the Constitution of India.
72) Consequently, all the writ petitions are dismissed with no
order as to costs.
73) In view of our conclusion and dismissal of all the writ
petitions, the wages as revised/determined shall be payable from
11.11.2011 when the Government of India notified the
recommendations of the Majithia Wage Boards. All the arrears
up to March, 2014 shall be paid to all eligible persons in four
equal installments within a period of one year from today and
continue to pay the revised wages from April, 2014 onwards.
74) In view of the disposal of the writ petitions, the contempt
petition is closed.”
11. That the Hon’ble Court has also issued a specific direction for
payment of the arrears in four equal installments within a period of one
year from the date of order i.e. 7/2/2014 and has further directed the
Respondents/Contemnors to continue to pay the revised wages from
April, 2014 onwards in terms of the recommendations of the Majithia
Wage Board.
12. That the Respondents/Contemnors have not complied with the
said directions issued by the Hon’ble Court and are still paying the old
scale to the employees of the newspaper establishment which are
admittedly not in accordance with the recommendations of the statutory
wage board notification issued by the central government on
11/11/2011 which finally merged with the directions issued by the
Supreme Court of India.
13. That in order to overreach the aforesaid orders of the Court and
show disrespect to the Respondents/Contemnors have also extracted the
signatures of employees under duress and threat of their services on
some pre typed formats, the contents of which were not disclosed to
them neither they were given a copy of the same.
14. That the Respondents/Contemnors have been threatening and
harassing the employees asserting their rights and seeking their benefits
in terms of the aforesaid orders of the Court. The said act is a clear
attempt to overreach the orders of the court and show utter disrespect to
the court hence punishable being willful, deliberate and intentional
contempt of the orders and authority of this Hon’ble Court.
15. That the employees of the establishments of the
Respondents/Contemnors have requested them to comply with the
directions of the Court and release the due benefits to all the
employees as directed by the Court of India but instead of complying
with the directions of the court, the respondents have started
victimizing, harassing and intimidating the vocal employees. They have
leased a reign of terror against the employees seeking implementation
of the Wage Board notifications and compliance of the directions of the
Supreme Court of India.
16. That the entire conduct and intention of the Respondent/
Contemnors show that they are bent upon violating the orders passed
by this Hon’ble Court and are also trying to overreach the orders of the
Court besides showing disrespect to the order of the court. The copy of
the orders dated 7/2/2014 in bunch of petitions with WP (C) No.
246/2011 is being filed herewith as ANNEXURE –P-1.
17. That earlier one of the colleagues of the Applicants filed a CCP
bearing No. 401/2014 titled as “Rajneesh Rohilla & Ors Vs Ramesh
Chandra Aggarwal” thereafter the Respondent management release the
benefits to them as a result the said petition was withdrawn from the
Court, the copy of the orders dated 5/1/2015 in CCP No.401/2014 is
being filed herewith as ANNEXURE –P-2.
18. That a legal notice dated 21.01.2015 was issued against the
respondent No.2, Ramesh Chandra Aggarwal Respondent No.3 Mr.
Sudhir Aggarwal, M.D. asking them to comply with the orders of the
Hon’ble Court, the said respondents/contemnors however, refused to
comply the orders of the Hon’ble Court despite receipt of the aforesaid
legal notice. The copy of the legal notice dated 21.01.2015 is being
filed herewith as ANNEXURE P-3.
19. That a legal notice dated 21.01.2015 was issued against the
respondent No.4, Mr. Gulab Kothari, Chairman and respondent No.5,
Mr. Nihari Kothari asking them to comply with the orders of the
Hon’ble Court, the said respondents/contemnors however, refused to
comply the orders of the Hon’ble Court despite receipt of the aforesaid
legal notice. The copy of the legal notice dated 21.01.2015 is being
filed herewith as ANNEXURE P-4.
20. That a legal notice dated 21.01.2015 was issued against the
respondent No.6, Rajul Maheshwari asking them to comply with the
orders of the Hon’ble Court, the said respondents/contemnors however,
refused to comply the orders of the Hon’ble Court despite receipt of the
aforesaid legal notice. The copy of the legal notice dated 21.01.2015 is
being filed herewith as ANNEXURE P-5.
21. That a legal notice dated 21.01.2015 was issued against the
respondent No.7, Deen Bandhu Chaudhari asking them to comply with
the orders of the Hon’ble Court, the said respondents/contemnors
however, refused to comply the orders of the Hon’ble Court despite
receipt of the aforesaid legal notice. The copy of the legal notice dated
21.01.2015 is being filed herewith as ANNEXURE P-6.
22. That a legal notice dated 21.01.2015 was issued against the
respondent No.8, Mr. Shailendra Bhardwaj, Chairman asking them to
comply with the orders of the Hon’ble Court, the said
respondents/contemnors however, refused to comply the orders of the
Hon’ble Court despite receipt of the aforesaid legal notice. The copy of
the legal notice dated 21.01.2015 is being filed herewith as
ANNEXURE P-7.
23. That a legal notice dated 21.01.2015 was issued against the
respondent No.9, Mr. Vivek Goenka, Chairman asking them to comply
with the orders of the Hon’ble Court, the said respondents/contemnors
however, refused to comply the orders of the Hon’ble Court despite
receipt of the aforesaid legal notice. The copy of the legal notice dated
21.01.2015 is being filed herewith as ANNEXURE P-8.
24. That a legal notice dated 21.01.2015 was issued against the
respondent No.10 Capt. Abhimannu asking them to comply with the
orders of the Hon’ble Court, the said respondents/contemnors however,
refused to comply the orders of the Hon’ble Court despite receipt of the
aforesaid legal notice. The copy of the legal notice dated 21.01.2015 is
being filed herewith as ANNEXURE P-9.
25. That a legal notice dated 02.02.2015 was issued against the
respondent No.11, Mr. Bhanu Dhamija asking them to comply with the
orders of the Hon’ble Court, the said respondents/contemnors however,
refused to comply the orders of the Hon’ble Court despite receipt of the
aforesaid legal notice. The copy of the legal notice dated 02.02.2015 is
being filed herewith as ANNEXURE P-10.
26. That a legal notice dated 02.02.2015 was issued against the
respondent No.12, Mr. Vinod Maheshwari asking them to comply with
the orders of the Hon’ble Court, the said respondents/contemnors
however, refused to comply the orders of the Hon’ble Court despite
receipt of the aforesaid legal notice. The copy of the legal notice dated
02.02.2015 is being filed herewith as ANNEXURE P-11.
27. That a legal notice dated 02.02.2015 was issued against the
respondent No.13, Mr. Murlidhar Nanta Shingote and respondent
No.14, Mr. Parveen Mulridhar Shingote asking them to comply with
the orders of the Hon’ble Court, the said respondents/ contemnors
however, refused to comply the orders of the Hon’ble Court despite
receipt of the aforesaid legal notice. The copy of the legal notice dated
02.02.2015 is being filed herewith as ANNEXURE P-12.
28. That a legal notice dated 02.02.2015 was issued against the
respondent No.15, Ms. Shobhna Bhartiya, Director asking them to
comply with the orders of the Hon’ble Court, the said
respondents/contemnors however, refused to comply the orders of the
Hon’ble Court despite receipt of the aforesaid legal notice. The copy of
the legal notice dated 02.02.2015 is being filed herewith as
ANNEXURE P-13.
29. That a legal notice dated 02.02.2015 was issued against the
respondent No.16 Mr. Arun Sahlot, Chairman asking them to comply
with the orders of the Hon’ble Court, the said respondents/contemnors
however, refused to comply the orders of the Hon’ble Court despite
receipt of the aforesaid legal notice. The copy of the legal notice dated
02.02.2015 is being filed herewith as ANNEXURE P-14.
30. That a legal notice dated 02.02.2015 was issued against the
respondent No.17, Subrat Roy, Chairman asking them to comply with
the orders of the Hon’ble Court, the said respondents/contemnors
however, refused to comply the orders of the Hon’ble Court despite
receipt of the aforesaid legal notice. The copy of the legal notice dated
02.02.2015 is being filed herewith as ANNEXURE P-15.
31. That a legal notice dated 02.02.2015 was issued against the
Respondent No.1, Mr. Mahendra Mohan Gupta and Respondent No.18,
Mr. Sanjay Gupta asking them to comply with the orders of the
Hon’ble Court, the said respondents/contemnors however, refused to
comply the orders of the Hon’ble Court despite receipt of the aforesaid
legal notice. The copy of the legal notice dated 02.02.2015 is being
filed herewith as ANNEXURE P-16.
32. That a legal notice dated 02.02.2015 was issued against the
respondent No.19, Mr. Praphulla Maheshwari asking them to comply
with the orders of the Hon’ble Court, the said respondents/contemnors
however, refused to comply the orders of the Hon’ble Court despite
receipt of the aforesaid legal notice. The copy of the legal notice dated
02.02.2015 is being filed herewith as ANNEXURE P-17.
33. That the Applicant further wishes to inform the Court that the
Respondent/Contemnors have further openly stated that they would not
implement the orders of the Court , come what may and are further
terrorizing the employees of their establishments’ by misusing the
powers.
34. That the orders dated 7/2/2014 as issued by this Hon’ble Court
are with regard to the entire newspaper industry as the representative
body of the Respondent /Contemnors has filed the said petitions and
the respondents are now bound to comply the orders issued by this
Hon’ble court.
35. That the Applicants have no other remedy accept for the present
petition as the notification of the Wage Board finally merged with the
orders of this Court passed on 7/2/2014 and the Respondents/
Contemnors are bound to comply the same under all circumstances.
The directions issued by the court are even otherwise to be complied by
the Respondents/Contemnors as it is for the entire newspaper industry
and the Respondents cannot claim any exemption from the same.
36. That the present petition is being filed in the interest of justice.
GROUNDS
I. Because, the orders dated 7/2/2014 as issued by this Hon’ble
Court are directions issued to the Respondents/Contemnors and are
very clear, unambiguous.
II. Because, the Respondents/Contemnors have failed to comply
with the directions issued by the Court and have not released the
benefits of the Majithia Wage Board to its employees despite the lapse
of so much of time.
III. Because, the Respondents/Contemnors are under duty obligation
to comply with the directions of the court without any exception.
IV. Because, the Respondents/Contemnors have shown their
disrespect to the orders of the court by not implementing the pay scale
and other benefits to the employees despite lapse of so much of time.
V. Because, the Respondents/Contemnors are guilty of showing
disrespect to the orders of the Court by coercing and threatening the
employees implementation of the same.
VI. Because, the Respondents/Contemnors are further guilty of
overreaching the orders of the Court by getting the signatures of the
employees on pre typed formats to the effect that the employees does
not want the benefits as directed by the Court.
VII. Because, the directions as issued by the court are binding on all
the Respondents/Contemnors as the bunch of writ petitions were filed
by the representative body of the Respondents and the respondents can
not claim that they were not a party to the said writ petitions.
VIII. Because, the notification issued by the Central Government for
implementation of the wage board notification finally merged with the
orders dated 7/2/2014 passed by this Hon’ble Court hence the non-
compliance or violation of the same would amount to contempt of the
orders of this Hon’ble Court under all circumstances.
IX. Because, the Respondents/Contemnors have failed to comply
with the directions of the court despite lapse of so much of time which
amounts to a willful, deliberate and intentional violation of the orders
of the court for which the Respondents are liable .
PRAYER
It is therefore prayed that the court may initiate contempt of
court proceedings against the Respondents/Contemnors and punish
them for violating, non-complying and overreaching the orders and
directions issued on 7/2/2014 by this Hon’ble Court in WP ( C )
No.346/2011 alongwith the entire bunch of petitions.
Pass such other order(s) as this Hon’ble Court may deem fit and
property under the circumstances of the case.
AND FOR THE ABOVE ACT OF KINDNESS THE
PETITIONERS AS ARE THE DUTY BOUND SHALL EVER
PRAY.
Drawn on: 02.2015 DRAWN & FILED BY
Filed on : 02.2015
Advocate for the petitioners
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CONTEMPT PETITION NO. ………. OF 2015
IN THE MATTER OF:-
Prem Chand Sinha & Ors .....Petitioners
Versus
Mahendra Mohan Gupta & Ors. ......Respondents
A F F I D A V I T
I Prem Chand Sinha S/o Late Sh. Shambhunath Singha R/o 4-C,
432, Votalok, Vasundhra, Ghaziabad, U.P. presently at Delhi aged
about 52 years, do hereby solemnly affirm and declared as under:-
1. That I, am the petitioner No.1 in the present case and on behalf
of all the petitioners and being well conversed with the fact and
circumstances of the present case I am competent to swear this
affidavit.
2. That the accompanying Contempt Petition has been prepared
by my counsel on my instructions, the same may be kindly read as
part and parcel of this affidavit, the contents thereof are not repeated
here for the sake of brevity. The contents of thereto are true and
correct.
3. That the list of dates contains pages to is in chronological
order and the contents are true and correct.
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
I.A. No.___________ OF 2015
IN
CONTEMPT PETITION NO. ………. OF 2015
IN THE MATTER OF:-
Prem Chand Sinha & Ors .....Petitioners
Versus
Mahendra Mohan Gupta & Ors. ......Respondents
INTERLOCUTOPRY APPLICATION ON BEHALF OF
THE APPLICANT FOR EXEMPTION FROM FILING
THE CERTIFIED COPIES OF THE ORDERS DATED
7/2/2014 IN WP (c ) NO. 346/2011.
To
The Hon’ble Chief Justice
And his companion Judges of
Hon’ble Supreme Court of India,
At New Delhi.
MOST RESPECTFULLY SUBMITTED AS UNDER:
1. That the Applicant has filed the accompanying CCP, the contents
of which are not being repeated herein for the sake of brevity, the same
be read as part and parcel of this application as well.
2. That the present CCP is based on the directions issued by this
Hon’ble Court on 7/2/2014 which has not been compiled by the
Respondents/Contemnors.
3. That the Applicant has not been able to obtain a certified copy of
the aforesaid orders passed by the court in WP ( C ) No. 346/2011 on
7/2/2014, a print out of the soft copy obtained through the website of
this Hon’ble Court is however being duly filed alongwith.
4. That the print out of the order being filed is identical copy of the
orders of the court however not certified.
5. That it is not possible for the Applicant to file the certified copies
of the orders of the court hence this application.
PRAYER
It is therefore most respectfully prayed that the court may exempt
the Applicant from filing the certified copies of the orders dated
7/2/2014 passed in bunch petitions of WP ( C ) NO. 346/2011 and hear
the present CCP on the basis of the print out of the order as mentioned
above.
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CONTEMPT PETITION NO. ………. OF 2015
IN THE MATTER OF:-
Prem Chand Sinha & Ors .....Petitioners
Versus
Mahendra Mohan Gupta & Ors. ......Respondents
A F F I D A V I T
I Prem Chand Sinha S/o Late Sh. Shambhunath Singha R/o 4-C,
432, Votalok, Vasundhra, Ghaziabad, U.P. presently at Delhi aged
about 52 years, do hereby solemnly affirm and declared as under:-
1. That I, am the petitioner No.1 in the present case and on behalf
of all the petitioners and being well conversed with the fact and
circumstances of the present case I am competent to swear this
affidavit.
2. That the accompanying I.A. has been prepared by my
counsel on my instructions, the same may be kindly read as part and
parcel of this affidavit, the contents thereof are not repeated here for
the sake of brevity. The contents of thereto are true and correct.
3. That the contents of this affidavit have been read over to me
in my vernacular and I have understood the same and testify to be
true and correct. seeking the identical relief before this Hon'ble
Court.
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
I.A. No.___________ OF 2015
IN
CONTEMPT PETITION NO. ………. OF 2015
IN THE MATTER OF:-
Prem Chand Sinha & Ors .....Petitioners
Versus
Mahendra Mohan Gupta & Ors. ......Respondents
INTERLOCUTOPRY APPLICATION ON BEHALF OF
THE PETITIONER FOR PERMISSION TO FILE THE
CONTEMPT OF COURT PETITION
To
The Hon’ble Chief Justice
And his companion Judges of
Hon’ble Supreme Court of India,
At New Delhi.
MOST RESPECTFULLY SUBMITTED AS UNDER:
1. That the Applicant has filed the accompanying CCP, the contents
of which are not being repeated herein for the sake of brevity, the same
be read as part and parcel of this application as well.
2. That the present CCP is based on the directions issued by this
Hon’ble Court on 7/2/2014 which has not been compiled by the
Respondents/Contemnors.
3. That the Applicant is not a party to the said Writ Petitions but
their representative body was impleaded by the Court subsequently.
4. That the Applicant being the directly affected party due to the
non implementation of the orders of this Hon’ble Court is now directly
approaching this Hon’ble Court for directions seeking the
implementation of the orders of the court.
5. That the Applicant being the directly affected party seeks the
permission of the court for filing the present CCP for the enforcement
of the directions of the court.
5. That the present application is being filed in the interest of
justice.
PRAYER
It is therefore most respectfully prayed that the court may permit
the Applicant to file the present CCP for the enforcement of the orders
in WP ( C ) NO. 346/2011 and the entire bunch of petitions.
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
I.A. No____________ OF 2015
IN
CONTEMPT PETITION NO. ………. OF 2015
IN THE MATTER OF:-
Prem Chand Sinha & Ors .....Petitioners
Versus
Mahendra Mohan Gupta & Ors. ......Respondents
A F F I D A V I T
I Prem Chand Sinha S/o Late Sh. Shambhunath Singha R/o 4-C,
432, Votalok, Vasundhra, Ghaziabad, U.P. presently at Delhi aged
about 52 years, do hereby solemnly affirm and declared as under:-
1. That I, am the petitioner No.1 in the present case and on behalf
of all the petitioners and being well conversed with the fact and
circumstances of the present case I am competent to swear this
affidavit.
2. That the accompanying I.A. has been prepared by my
counsel on my instructions, the same may be kindly read as part and
parcel of this affidavit, the contents thereof are not repeated here for
the sake of brevity. The contents of thereto are true and correct.
3. That the contents of this affidavit have been read over to me
in my vernacular and I have understood the same and testify to be
true and correct. seeking the identical relief before this Hon'ble
Court.
top related