Jyoti Sinha v. Dr. Om Prakash Lal, Secretary Girls High School, Dalmianagar, Rohtas And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1132 of 2017 In Civil Writ Jurisdiction Case No.1036 of 2015 ====================================================== Jyoti Sinha D/o Late M.P. Sinha, Resident of Qr. No. C/14 at and PODalmianagar, District- Rohtas. ... ... Petitioner

Versus

1.

Dr. Om Prakash Lal, Secretary Girls High School, Dalmianagar, Rohtas 2.

Mrs. Reena Singh, Principal, Girls High School, Dalmianagar, Rohtas. 3.

Anand Kumar as President, Managing Committee, Girls High School, Dalmianagar, Rohtas.

4.

Dipendra Kumar Agrawal, as Vice President, Managing Committee, Girls High School, Dalmianagar, Rohtas.

5.

Ashok Kumar Gupta, Member, Managing Committee, Girls High School, Dalmianagar, Rohtas.

6.

Prof. Vikash Narayan Trivedi , Member, Managing Committee, Girls High School, Dalmianagar, Rohtas.

7.

Vinod Kumar Jain, Member, Managing Committee, Girls High School, Dalmianagar, Rohtas.

8.

Smt. Reena Singh, Officiating Head Mistress (Ex- Office), Member, Managing Committee, Girls High School, Dalmianagar, Rohtas. 9.

Jai Kumar Jain, Member, Managing Committee, Girls High School, Dalmianagar, Rohtas.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijoy Nandan Sahay, Adv.

For the Opposite Party/s :

Mr.Md. Ataul Haque, Adv.

Mr. Dhirendra Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 10-04-2019 Heard Sri V.N. Sahay, learned counsel for the petitioner, Sri Dhirendra Singh, learned counsel for opposite party no. 1 as well as Mr. Md. Ataul Haque, learned counsel for opposite party no. 2.

The present petition has been filed with a prayer to

Patna High Court MJC No.1132 of 2017(16) dt.10-04-2019 2/3 initiate contempt proceeding against opposite parties on an allegation of disobedience to an order passed in a writ petition. The said order was passed in Interlocutory Application i.e. I.A. No. 9744 of 2015 filed under Section 17(B) of the Industrial Dispute Act, 1947 on behalf of the petitioner. The writ petition i.e. C.W.J.C. No. 1036 of 2015 was admitted on 16-11-2016. The writ petition was filed by the management and in the said writ petition, an interlocutory application vide I.A. No. 9744 of 2015 was filed on behalf of the workman under Section 17(B) of the Industrial Dispute Act, 1947. The said interlocutory application was allowed and direction was given for making regular payment to the respondent no.

2 of the writ petition, who is petitioner in the present contempt petition. The contempt petition was taken up on number of occasions and finally, it was accepted by learned counsel for the petitioner that the employer is making payment, but a prayer is being made for enhancement of the wages, which is being paid to the petitioner in present situation.

The Court is of the opinion that since writ petition is already pending and management is regularly making payment, in such situation, no purpose would be served in keeping the present petition pending.

Patna High Court MJC No.1132 of 2017(16) dt.10-04-2019 3/3 The present petition stands disposed of.

(Rakesh Kumar, J.) nawalkrs/- U