Upma Singh Bhadoria v. N.K. Shukla

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 647 of 2018 Upma Singh Bhadoria Wd/o Late Shri Rajbeer Singh Bhadoria Aged About 50 Years R/o E-303, Sumangal Apartments Phase -2, Link Road, Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Petitioner

Versus

N.K. Shukla Managing Director, Chhattisgarh State Warehousing Corporation, Udyog Bhawan, 3rd Floor, Ring Road, No. 1, Telibandha, Raipur Chhattisgarh. (Contemnor), District : Raipur, Chhattisgarh ---- Respondent For Petitioner :

Shri Anoop Majumdar, Advocate Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 06/07/2018 The petitioner has filed this petition alleging willful disobedience of order dated 22/08/2017 passed in WPS No.3783/2017.

2.

Learned counsel for the petitioner would submit that the spirit of the interim order not only requires the respondents to withhold any recovery but also to pay dues which were payable to the petitioner upon death of her husband. It is submitted that provident fund and gratuity has been paid, other dues payable under the head - scale promotion, increment, group insurance and leave encashment which are in lakhs of rupees, has not been paid which shows that indirectly recovery has been made by withholding this due amount.

3.

I find that after the order passed by this Court on 22/08/2017, provident fund and gratuity have already been paid to the petitioner. Whether, their claim amount has been withheld against alleged recovery order or no such amount otherwise is also payable to the petitioner, would require consideration in pending writ petition. Therefore, with liberty to the petitioner to move appropriate application for release of the aforesaid unpaid amount, this contempt petition, at this stage, is disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Deepti