High Court Of Chhattisgarh/33/2020disposed off

Durgesh Rai Pandey v. Shri Prabhakar Pandey

2020-02-25Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 33 of 2020 Durgesh Rai Pandey D/o Late Sandeep Rai Pandey, Aged About 32 Years, Working As Computer Operator, Municipal Corporation, Bilaspur, Tahsil And District Bilaspur, Civil And Revenue District Bilaspur, Chhattisgarh ---- Petitioner

Versus

Shri Prabhakar Pandey, Commissioner, Municipal Corporation Bilaspur, District Bilaspur Chhattisgarh....(Contemner) ---- Respondent For Petitioner :

Mr. M. K. Sinha, Advocate For Respondent :

Mr. H. B. Agrawal, Sr. Advocate with Ms. Preeti Yadav, Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 25.02.2020

1. The present contempt petition has been filed alleging the noncompliance of the order dated 18.03.2019 passed in WPS No. 1924/2019.

2. The direction in the writ petition was for the Commissioner, Municipal Corporation, Bilaspur to verify the claim of the petitioner firstly whether she has discharged her duties and secondly whether the salary part of the petitioner has been paid for the said period.

3. The respondent have now entered appearance and filed their reply. The respondent have produced a document dated 18.06.2019 along

with the reply whereby the Commissioner has been informed that the petitioner has first of all worked during the period February, 2017 to September, 2017 and for the said intervening period, the respondents have already released payment to the placement agency Shailesh Rai who runs the placement firm.

4. Given the said response by the respondent and also the fact that the payment has since been made to the contractor/placement firm, the order passed by this Court stands complied with.

5. If the petitioner has not been paid any salary by the placement firm, it would be a dispute inter se between the petitioner and the said placement firm of Shailesh Rai. The petitioner would be at liberty to avail appropriate remedies open to her under various provisions of Labour Law which would include claiming of interest and penalty on the said unpaid salary.

6. Reserving the right of the petitioner for making appropriate claim in this regard, the contempt petition at this juncture stands disposed of. Sd/- P. Sam Koshy Judge Khatai