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IN THE HIGH COURT OF DELHI AT NEW DELHI
Chandra Dhari Singh, J.
Manpreet Kaur & Anr. – Appellants
Versus
Ms Nidhi Gupta & Ors. – Respondents
CONT.CAS(C) 33 of 2023
Decided On : 24-07-2023
Contempt of Court - Non-Compliance of Salary Orders - Contempt of Courts Act, 1971, Section 11, 12 - Summary
Fact of the Case:
The petitioners, teachers at the respondent school, filed a contempt petition for non-compliance with court orders directing salary disbursement. The respondent school claimed financial difficulties due to the COVID-19 pandemic and partially paid salaries.
Finding of the Court:
The court found that the respondent school's non-disbursement of remaining salaries was not willful disobedience, as financial difficulties were beyond their control. The court dismissed the petition for lack of merit.
Issues: Non-compliance with court orders, willful disobedience, financial difficulties, and intent to comply.
Ratio Decidendi: The court held that willful disobedience is a necessary condition for contempt proceedings, and the respondent school's partial payment demonstrated willingness to comply.
Final Decision: The petition was dismissed for lack of merit, and pending applications were also dismissed.
ORDER
Chandra Dhari Singh, J. (Oral)
1. The instant Civil Contempt Petition has been filed under Section 11 and 12 of the Contempt of Courts Act, 1971 (Act hereinafter) against the non-compliance of order dated 9th November 2022 and 24th November 2022 passed by this Court in Writ Petition Civil No. 5371 of 2022 seeking the following reliefs:
"(a) Initiate contempt of court proceedings against the respondent/contemnor for deliberately disobeying and not complying with the orders/directions dated 09.11.2022 & 24.11.2022 passed by Hon'ble High court of Delhi in W.P. (C) no. 5371/2022 and punish them in accordance with law.
(b) Any other appropriate order which this Hon'ble court may deem fit and proper in the facts and circumstances of the case."
2. The petitioners are teachers and are working as regular employees of the respondent No. 1 (respondent school hereinafter). Before and during the COVID-19 pandemic, the petitioners faced irregularities in the disbursement of their salaries which forced them to resign.
3. The petitioners herein filed a Writ Petition No. 5371/2022 against the respondent School for non-disbursement of salaries and arrears. This Court vide order dated 9th November 2022 directed the respondents to file the calculations of the amount due, if any, to the petitioners, but the same was not complied with.
4. Subsequently, the respondents were directed to pay salary to the petitioners on the 10th of every month vide order dated 24th November 2022. The relevant part of the order is reproduced hereinbelow:
"1. Despite repeated opportunities, the respondent no.1 has not filed the calculations in terms of the last order.
2. Today, learned counsel for the respondent no.1 is not available as he is stated to be held up before another Bench and, therefore, a request for adjournment is made. The same is vehemently opposed by the learned counsel for the petitioners, who submits that the petitioners are facing grave financial hardships on account of non-release of their rightful dues.
3. However, since the respondent no.1 has not filed any calculations, hearing has to be deferred with a direction to the respondent no.1 to positively file its calculations along with a supporting affidavit within one week. The said respondent will also pay costs of Rs.10,000/- to the petitioners within the same period of one week. Response, if any, to the said calculations be filed by the petitioner before the next date.
4. List on 31.01.2023.
5. In the meanwhile, the respondent no.1 will ensure that the petitioners are paid their due monthly salaries on or before 10th of every month."
5. However, it is contended that the respondents failed to comply with both the above-mentioned orders and neither submitted any calculations of the amount due to the petitioners, nor paid the due salary.
6. The petitioners have made several representations before the respondents by way of several emails but did not receive any response from the respondents.
7. Being aggrieved by the conduct of the respondents, the petitioners have approached this Court by way of filing the instant Civil Contempt Petition.
8. Learned counsel appearing on behalf of the petitioners submits that the conduct of the respondents amounts to willful and deliberate non- compliance of the orders dated 9th November 2022 and 24th November 2022 passed by this Court.
9. It is submitted that the petitioners have faced undue delay in receiving their salaries from the respondent school. It is further submitted that respondent school has paid salaries as per their own whims and fancies, thereby violating the provisions of the Delhi School Education Act and Rules, 1973.
10. It is submitted that the respondents are falsely claiming financial deficit as an excuse to not pay the petitioners and other staffs their dues. It is further submitted that the respondents have put out advertisements dated 25th August 2021 and 24th November 2021 in The Times of India newspaper notifying the requirement of 2
Willful disobedience is a necessary condition for contempt proceedings, and willingness to comply with court orders is essential.
In contempt proceedings, the court has limited jurisdiction and cannot adjudicate claims beyond compliance issues as defined in prior orders, reaffirming the need for independent adjudication in sepa....
Non-compliance with court orders does not constitute contempt if it is not 'wilful', and if ambiguities arise in the interpretation of compliance.
The court must be satisfied beyond reasonable doubt that the contemnor has willfully, deliberately and intentionally violated the court's order. If the disobedience is the result of some compelling c....
Contempt proceedings cannot determine individual claims without prior adjudication; the court's role is limited to assessing willful disobedience of specific orders.
Contempt Petition - Merely because an order or decree is executable, that would not take away Court’s jurisdiction to deal with a matter under Act of 1971 on satisfaction that there has been violatio....
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