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Gopal Das v. B.K. Agarwal - CONTEMPT APPLICATION (CIVIL) No. 2568 of 2002 [2006] RD-AH 21379 (19 December 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


19.12.2005      Hon. Tarun Agarwala,J.

Heard learned counsel for the parties.

The Writ Court passed an interim order dated 10.4.2002, which reads as under:-

"In the circumstances it is directed that the salary payable to the contesting respondent pursuant to his reinstatement in accordance with impugned award will be that which was payable to him at the time when his services were terminated as revised from time to time in respect of similar employees; Regarding rest of the payment whether the workman would be entitled to regular salary after his date of termination would be considered at the time of hearing of this petition. The contesting respondent may file counter affidavit within three weeks. The petitioner will have three weeks thereafter to file the rejoinder affidavit."

Based on the aforesaid direction, the opposite party has reinstated the applicant and is paying a sum of Rs.800/- as wages. The contention of the applicant is that the payment of Rs.800/- is not in consonance with the order of this Court. On the other hand, the learned counsel for the opposite party submits that the amount of wages are being paid to the applicant as per the wages that was last paid to him at the time of the termination of his services as revised upto that date which comes to Rs.800/- per month and therefore, the opposite party has complied with the order of this Court.

The interim order of this Court directed the applicant to be reinstated in service. If the applicant has been reinstated, and the employer is taking work from the applicant, in that case, the employer is bound and obliged to pay the current salary that is payable to the post on which he is working. The usage of the word 'revised from time to time' as stated in the interim order means that the revised pay-scale as on date of the passing of the order dated 10.4.2002, which was required to be paid. The applicant was reinstated  and therefore the wages payable on the date of reinstatement was required to be paid.

In view of the erroneous interpretation being made by the opposite party which to some extent appears to be genuine, consequently, this Court issues a direction to the Executive Engineer to pay the applicant the current salary payable on the post on which the applicant is working from the date of his reinstatement. The arrears and future salary would be paid on this basis.

List this petition after three months, by which time necessary compliance be made and an affidavit to that extent be filed.

Dated: 19.12.2005

AKJ.(CA 2568/02)


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