in the supreme court of india civil appellate...

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CONTEMPT PETITION NO. ………. OF 2015

IN

WRIT PETITION (CIVIL) NO. 246 OF 2011

Yashwant Singh .....Petitioner

Versus

Ramesh Chandra Aggarwal & 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.1 and respondent

No.2.

7. ANNEXURE P-4



No.5.

8. ANNEXURE P-5


issued to the respondent No.6.

9. ANNEXURE P-6



10. ANNEXURE P-7



11. ANNEXURE P-8



12. ANNEXURE P-9



13. ANNEXURE P-10



14. ANNEXURE P-11



15. ANNEXURE P-12


issued to the respondent No.13 and

respondent No.14.

16. ANNEXURE P-13



17. ANNEXURE P-14



18. ANNEXURE P-15



19. ANNEXURE P-16



No.18.

20. ANNEXURE P-17



21. ANNEXURE P-18


issued to the respondent No.20, No.21 and

respondent No.22.

22. 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.

23. I.A. on behalf f the petitioners for permission

to file the Contempt of Court petition

alongwith affidavit in support.

24. Power of attorney

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 Applicant is 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


WITH













IN THE MATTER OF:-

Yashwant Singh

S/o Sh. Lalji Singh,

R/o J-51, East Vinod Nagar,

Delhi-110092. Petitioner

Versus

1. Mr. 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 Building

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

2. Mr. Sudhir Aggarwal,

Managing Director

D.B. Corporation Ltd.,

Dainik Bhaskar,

Plot No.280, Sarkhej

Gandhinagar Highweay,

Near YMCA Club,

Makbara, Ahmedabad,

Gujrat.

3. Mr. Mahendra Mohtan 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,


50-B, Okhla Industrial Area,

Phase-III, New Delhi-110020.

Also at

Editorial Office,


D-210 & 211, Sector-63

NOIDA, U.P.

4. Mr. Gulab Kothari, Chairman,

Rajasthan Patrika Pvt. Ltd.,

Jawaharl Lal Nehru Marg,

Keshgarh, Jaipur,

Rajasthan. Respondents/Contemnors

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,

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. Respondents/Contemnors

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.

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. Respondents/Contemnors

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.

Also At


Plot No.7, Narayan, Udyog Bhavan,

Industrial Estate,

Dr. Baba Saheb Ambedkar Road,

Lalbaug, Mumbai-400012

14. Mr. Parveen Murlidhar Shingote,


Murlidhar Ananta Shingote

B-407, Ashoka Apartment,

Mahatam Phoole Road,

Mulund (East) Mumbai. Respondents/Contemnors

Also At


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,

Hindustan Media Ventures Ltd.,

18-20, K.G. Marg,

New Delhi-110001.

16. Arun Sahlot, Chairman,

Raj Express, Raj Group,

21, Zone-II, M.P. Nagar,

Bhopal-462001.

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. Respondents/Contemnors

Also At

Mr. Subrat Roy, Chairman,


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 Shaher,

Gomti Nagar,

Lucknow-226010

18. Mr. Sanjay Gupta,

CEO & Whole Time Director,

Registered office and Head Office,


Jagran Building,

2, Savodaya Nagar,

Kanpur-208005, U.P.

Also At.

Corporate Office,


50-B, Okhla Industrial Area,

Phase-III, New Delhi-110020.

Also at

Editorial Office,


D-210 & 211, Sector-63

NOIDA, U.P. Respondents/Contemnors

19. Mr. Prafulla Maheshwari,

Navbharat Hindi Dainik

3, Indira Press Complex,

Ram Gopal Maheshwari Marg,

Zone-1, M.P. Nagar,

Bhopal, M.P.-462011.

20. Mr. Vinod Sharma,

Aaj Samaj,

Plot No. B-116,

Okhla Phase-I,

New Delhi-110020.

21. Mr. Kartik Sharma,

Aaj Samaj,

Plot No. B-116,

Okhla Phase-I,

New Delhi-110020.

22. Mr. Rakesh Sharma,

Aaj Samaj,

Plot No. B-116,

Okhla Phase-I,

New Delhi-110020. Respondents/Contemnors


CIVIL ORIGINAL JURISDICTION

Contempt of Court Petition No. -------------of 2015

IN


WITH













IN THE MATTER OF:

Yashwant Singh .... Petitioner

Versus

Ramesh Chandra Aggarwal &Ors. .... Respondent(s)

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 Applicant is 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. The

employees have thereafter formed a group and authorized the signatory

of the present application to espouse their case and file the present

petition on their behalf as the respondents are threatening that the

employees doing so will be thrown out of employment.

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. The employees to overcome such illegal and highhanded acts of

the Respondents/Contemnors have thus formed a group and authorized

Mr. Yashwant Singh one of their colleagues to espouse their cause and

take up the matter before the authorities concerned including this

Hon’ble Court on their behalf so that they are not victimized and

singled out.

16. That the entire conduct and intention of the Respondents/

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 print out

of 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 Applicant 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.1 Ramesh Chandra Aggarwal and respondent No.2,

Sudhir Aggarwal 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.


respondent No.4, Mr. Gulab Kothari and respondent No.5, Nihar

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.


respondent No.6, Mr. 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.


respondent No.7, Mr. Deen Bandhu Chaudhari asking them to comply

with the orders of the Hon’ble Court, the said respondents/contemnors





respondent No.8 Mr. Shailendra Bhadauria asking them to comply with






respondent No.9 Mr. Vivek Goenka 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.


respondent No.10 Capt. Abhimannu asking them to comply with the






respondent No.11, Mr. Bhanu Dhamija asking them to comply with the






respondent No.12 Mr. Vinod Maheshwari asking them to comply with






respondent No.13 Mr. Murlidhar Ananta Shingote and respondent

No.14 Mr. Parveen Murlidhar Shingote asking them to comply with the

orders of the Hon’ble Court, the said respondents/ contemnors





respondent No.15 Ms. Shobhna Bhartiya asking them to comply with






respondent No.16, Mr. Arun Sahlot asking them to comply with the






respondent No.17 Mr. Subrat Roy, asking them to comply with the






respondent No.3 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.


respondent No.19 Mr. Prafulla Maheshwari asking them to comply

with the orders of the Hon’ble Court, the said respondents/contemnors





respondent No.20 Mr. Vinod Sharma, Respondent No.21, Mr. Kartik

Sharma and Respondent No.22 Mr. Rakesh Sharma 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-18.

34. That the Applicant further wishes to inform the Court that the

Respondents/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.

35. 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.

36. That the Applicant 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.

37. 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 cannot 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 MATTER OF:-


Versus


A F F I D A V I T

I, Yashwant Singh S/o Sh. Lalji Singh R/o J-51, East Vinod

Nagar, Delhi-110092 aged about 41 years, do hereby solemnly

affirm and

declared as under:-

1. That I, am the petitioner in the present case 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.



I.A. No.___________ OF 2015

IN


IN THE MATTER OF:-


Versus


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.


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.





PRAY.


Filed on : 02.2015





IN THE MATTER OF:-


Versus


A F F I D A V I T



affirm and declared as under:-




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.





PRAY.


Filed on : 02.2015




I.A. No.___________ OF 2015

IN


IN THE MATTER OF:-


Versus


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.


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.





PRAY.


Filed on : 02.2015




I.A. No____________ OF 2015

IN


IN THE MATTER OF:-


Versus


A F F I D A V I T



affirm and declared as under:-




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.

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