Garjan Singh Bareth v. Shri Ganesh Shankar Mishra

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Contempt Case (Civil) No. 441 of 2016 • Garjan Singh Bareth S/o Shri Bhukhuram Bareth, Aged About 46 Years R/o Village- Kapan, Police Station & Tahsil- Akaltara, District Janjgir-Champa, Chhattisgarh ---- Petitioner

Versus

1. Shri Ganesh Shankar Mishra Secretary, Govt. Of Chhattisgarh, Department Of Water Resources, Mahanadi Bhawan, Mantralaya, Naya Raipur, Chhattisgarh

2. Shri Mithlesh Shukla, Research OfÏcer, Water Resources Department, District Janjgir-Champa, Chhattisgarh ................ (Contemnors) ---- Respondents For Petitioner :

Shri Lav Sharma, Advocate Hon'ble Shri Deepak Gupta, Chief Justice Hon'ble Shri Justice P. Sam Koshy Order on Board Per Deepak Gupta, Chief Justice 21.12.2016 1.

This contempt petition is totally misconceived. The Labour Court passed an order directing reinstatement of the petitioner. This order was set aside by the learned Single Judge in Writ Petition (L) No. 53/2012. The Division Bench set aside the order of the learned Single Judge and afÏrmed the order of the Labour Court. Therefore, execution proceedings, if any, have to be carried out to implement the order, in the Labour Court in accordance with law. No contempt petition lies in such a case.

2.

Needless to say that the petitioner is at liberty to execute the orders before the Labour Court.

3.

The contempt petition is disposed of accordingly. Sd/- Sd/- (Deepak Gupta) (P. Sam Koshy) CHIEF JUSTICE JUDGE Subbu