Parimal Mandal & ORS. v. C.P Tayal & ORS.

Dd 62-63 06.01.2025 CPAN/1108/2016 WITH IA NO: CAN/1/2020(Old No:CAN/4527/2020), CAN/2/2020(Old No:CAN/4528/2020) PARIMAL MONDAL, & ORS.

VS.

MR. C.P TAYAL, GENERAL MANAGER, CHITTARANJAN LOCOMOTIVE WORKS & ORS.

in WP.CT/218/2009 WITH CPAN/1109/2016 WITH IA NO: CAN/1/2020(Old No:CAN/4521/2020), CAN/2/2020(Old No:CAN/4523/2020), CAN/3/2022 ZARRAR AHMED KHAN & ORS.

VS.

MR. C.P TAYAL, GENERAL MANAGER, CHITTARANJAN LOCOMOTIVE WORKS & ORS.

IN WP.CT/219/2009 with WP.CT/73/2009 Mr. Achintya Kr. Banerjee, Ms. Indumouli Banerjee, Advocates ... ... For the Petitioners Mr. Partha Ghosh, Mr. Amal Kumar Dutta, Advocates ... ... For the alleged contemnors

1. Considering the plight of the writ petitioners before us, we intervened and put in place a mechanism so that the just dues of the petitioners are received by them.

2. Petitioners before us are retired employees of an Article 12 Authority.

Signed By :

DEBABRATA DAS High Court of Calcutta 8 th of January 2025 12:00:41 PM

3. Court is informed that the authorities worked on the issue, made payments albeit deducting some portion from some persons.

4. Learned advocate for the petitioners submits that, those persons made a representation to the authorities which may be directed to be considered by the authorities.

5. Learned advocate appearing for the alleged contemnors submits that two of the employees expired. Payments made to the Bank Account of such employees were returned by the Bank.

6. Issues as to the quantum of entitlement of the petitioners be best adjudicated by a duly instituted proceeding. We should not enlarge the contempt jurisdiction for such purpose.

7. In the facts of the present case, we are not in a position to return a finding that the alleged contemnors acted in wilful or deliberate violation of any order of the High Court warranting invocation of the Contempt of Courts Act, 1971 or Article 215 of the Constitution of India.

8. CPAN/1108/2016 and CPAN/1109/2016 along with connected applications are disposed of accordingly.

9. This order will not prevent the persons who claim that they were denied a portion of their legitimate dues to any instituted appropriate proceeding in respect thereof.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

DEBABRATA DAS High Court of Calcutta 8 th of January 2025 12:00:41 PM