The Government Motor Transport Drivers Union(Sts Unit) v. Shashi Bhushan And ORS
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** CPAN/41/2023 The Government Motor Transport Drivers Union (STS Unit) Vs.
Shashi Bhushan and others Mr. N.A.Khan ... for the petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents February 26, 2024 [SR] Item No.4 Learned counsel appearing on behalf of the petitioner submits as follows.
By an order dated 14.06.2016 passed in WPCT/204/2016, this Court, inter alia, recorded the submission of the respondents that there was a lacuna in the proposal given by the Administration and the learned counsel assured that a comprehensive recommendation would be made by her clients to the concerned Seventh Central Pay Commission as well as to the concerned Ministry so that the order passed by the learned Tribunal as aforesaid was implemented in its true spirit. On the prayer of the respondents, the Division Bench extended the time for submission of such comprehensive recommendation to the Seventh Central Pay Commission as well as the concerned Ministry within one month from the date of communication of the order. Despite this order, the same was never complied with.
Accordingly, the petitioner filed a contempt application being CPAN/024/2016. By an order dated 04.04.2019 passed by the Division Bench, in the said application, it was held that the Court did not intend to detain the contempt proceeding further.
recommendation dated 08.07.2016 by the competent authority, which the court was informed, was the Department of Expenditure, Ministry of Finance, Govt. of India and the contempt application was disposed of. However, the direction passed in the said contempt petition was also not complied with. Accordingly, the present application has been filed.
Learned counsel appearing on behalf of the alleged contemnor relies on the compliance report filed in this regard and submits as follows. The direction passed in the parent orders were complied with even after the second order passed in the contempt application, appropriate steps have been taken. A copy of the judgment dated 04.04.2019 was forwarded to the MoRTH by the Transport Department, Andaman and Nicobar Administration vide letter dated 17.01.2020 with the request to take appropriate action in the matter. In compliance with the direction, the MoRTH vide letter dated 17.01.2022 informed that the Ministry of Road Transport & Highways had no objection in providing higher pay scale to HVDs and therefore, sought some information from the Transport Department. Thereafter, a meeting through video conferenc was held on 07.03.
2023 under the Chairmanship of the Deputy Secretary, (ANL&UTL), MHA. Some details/information were sought by the Department of Expenditure. The clarification/information as sought by the DoE/MoF on point no.(c) and (d) which pertained to the Transport Department were forwarded to MoRTH. The DoPT vide ID note dated 28.07.2023 stated that it had no comments to offer. Thereafter the proposal was referred to Finance Wing of Ministry of Road Transport & Highways for their concurrence on the matter and the MoRTH concurred with the said proposal.
Department of Expenditure and Ministry of Finance, Govt. of India. Finally, the Under Secretary to the Govt. of India vide letter dated 12.10.2023 advised to adopt the recommendation of the Pay Commission in respect of Heavy Duty Vehicle Drivers and formulate a policy in this regard in consultation with the concerned stake holders including the Department of Expenditure and DoP&T and also requested that the A & N Administration to consider preparing a proposal for separate category of drivers in light of the recommendations. Steps are being taken in this regard.
Upon hearing rival submissions of the parties and considering the application for contempt as well as the compliance report, it appears that the direction for placing the matter before the 7th Central Pay Commission was taken into consideration by the Division Bench while hearing the first contempt application being CPAN/ CPAN/024/2016. However, no further direction was passed in this regard. So far as the direction that was passed in the first contempt application was concerned, the same was substantially complied with by the respondent authorities.
As the directions passed in the original order as well as in the contempt petition have been substantially complied with, therefore no cause of action for contempt survives.
Accordingly, the contempt petition is disposed of without any further order.
Urgent Photostat certified copy of the judgment, if applied for, be supplied to the parties upon compliance of all legal formalities. ( Jay Sengupta, J. ) ( Md. Nizamuddin, J. )