The doctrine of merger is not applicable to an order passed by the High Court in its writ jurisdiction.

( 1 ) IN this contempt application the applicant prays for action against the alleged contemnors on the allegation that the alleged contemnors have violated the order dated the 6th March, 1992 passed by Kalyamoy Ganguly, J. in the matter No. 617 of 1992 whereby the learned Judge rejected the writ petition filed by the concerned company, namely, the Indian Research Institute Limited of which the alleged Contemnor No. 1 was the Managing Director-cum-Chairman and the alleged contemnor No. 2 the Commercial-cum-Works Manager at the relevant time. The said company is stated to be a Joint Sector Company under the Government of West Bengal. The said writ petition was filed by the Company on being aggrieved by the order dated the 20th January, 1992 passed by the Second Industrial Tribunal, Calcutta declaring that the applicant workman would get interim relief at the rate of Rs. 423 per month from 9-10-91. The applicant's grievance is that the Company has stopped payment of interim relief with effect from May, 1993 payable in June, 1993 and thereby the alleged contemnors have committed contempt of this Court. The applicant was admittedly a workman employed under the concerned company. A disciplinary proceeding was however drawn up against him by the management of the company and the applicant was suspended and charge-sheeted. Ultimately his service was also terminated by order dated the 7th October, 1989 passed by the Director incharge of the company. The applicant thereafter challenged the order of suspension and termination of service in a writ petition filed before this Court which was however allegedly dismissed on the ground of maintainability. Ultimately the dispute was REFERRED TO the industrial tribunal under the Industrial Disputes Act. During the continuance of the proceedings before the industrial tribunal the applicant filed an application for interim relief. The learned Judge, Second Industrial Tribunal passed the order dated 20-1-92 declaring that the applicant-workman would get interim relief at the rate of Rs. 423 per month with effect from 9-10-91. Thereafter the company moved a writ petition under Article 226 against that order of interim relief before this Court. However that writ petition was rejected by Kalyarmoy Ganguly, J. by order dated the 6th March, 1992. The order was however not annexed to the contempt application but at the time of hearing a xerox copy of the same was placed before me from which it appears that the learned Judge simply rejected that writ petition without indicating as to why the writ petition was rejected. There was also no discussion about the merit of the writ petition in the said order. In other words, it was an order of rejection simpliciter. There was however a direction that the tribunal would hear out the main dispute as expeditiously as possible preferently within three months from the date of communication of the said order. We would thus see that there was no specific or express direction of the High Court upon the management of the company to pay interim relief. The applicant-workman however has moved this contempt application for violation of the said order of the High Court dated the 6th March, 1992 whereby the writ petition was rejected. The contention of the applicant-workman is that since the management of the company filed the writ petition against the order of the tribunal dated 20-1-92 declaring interim relief for the petitioner and since the writ petition was rejected the said order of the tribunal merged in the order of the High Court and therefore non-compliance of the said order of the tribunal relating to interim relief Constitutes non-compliance of the order of the High Court by dint of the doctrine of merger.

( 2 ) AS we have seen the order of the High Court rejecting the writ petition does not contain any specific or express direction for payment of interim relief. Therefore non-payment of interim relief directed to be paid by the t