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2018 Supreme(Guj) 598

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.R. BRAHMBHATT, A.Y. KOGJE, JJ.
PWD & Forest Employees' Union - Applicant
Versus
Poonam Chand Parmar - Respondent
R/Misc. Civil Application No. 3021, 3236 of 2015, 1063 of 2016, In Special Civil Application No. 9814, 12322 of 2014 with Civil Application No. 1 of 2016
Decided On : 14-06-2018

Advocates Appeared:
For the Applicant :Mr. Shalin Mehta, Sr. Advocate With Ms. Vidhi J Bhatt, Advocate
For the Respondent:Mr. Prakash Jani, Ld. Additional Advocate General With Ms. Vacha Desai, LD AGP

Headnote:

Contempt of Courts Act – Contempt – Applicants of Misc. Civil Application, have approached this Court under the provisions of the Contempt of Courts Act, with prayers to initiate proceedings of Civil Contempt against the opponents herein for willful and deliberate non-compliance of the common oral order passed in Special Civil Application and other cognate matters and to punish the opponents after framing the charge to that effect for committing Civil Contempt – Held, Respondents are directed to extend the benefits of Government Resolution as ordered by the Supreme Court in order passed in case of PWD Employees Union and as reiterated by the learned Single Judge in its order in the proceeding of SCA and examine case of all the concerned in light thereof and without being influenced by their own Government Resolution, as Court have categorically held that Government Resolution to be not in consonance with the Supreme Court order passed in case of PWD Employees Union – Petition Dispose of (Para 34)

JUDGMENT :

S.R. BRAHMBHATT, J.

1. All these three main petitions have common factual backdrop and the relief prayed for being also similar in nature against common respondents, all these petitions were heard together and are being disposed of by this common judgment and order.

2. In order to appreciate the controversy in the matters, the prayers made in all the three petitions are reproduced hereunder:

The applicants of Misc. Civil Application No. 3021 of 2015, have approached this Court under the provisions of the Contempt of Courts Act, with following prayers:

“(A) Your Lordships may be pleased to initiate proceedings of Civil Contempt against the opponents herein for willful and deliberate non-compliance of the common oral order dated 11.06.2015 passed in Special Civil Application No. 9814 of 2014 and other cognate matters;

(B) Your Lordships may be pleased to punish the opponents after framing the charge to that effect for committing Civil Contempt;

(C) Your Lordships may be pleased to direct the opponents to purge themselves of the Civil Contempt committed by them by not implementing the common oral order dated 11.06.2015 passed in Special Civil Application No. 9814 of 2014 and other cognate matters;

(D) Pending admission and final hearing of the present application, Your Lordships may be pleased to direct the opponents to comply with the directions contained in the common oral order dated 11.06.2015 passed in Special Civil Application No. 9814 of 2014 and other cognate matters; and

(E) Your Lordships be pleased to pass any other appropriate order, as deemed fit, in the interest of justice.”

The petitioners of Misc. Civil Application No. 1063 of 2016, have approached this Court under the provisions of the Contempt of Courts Act, with following relief:

“(A) Initiate appropriate proceedings under the Contempt of Courts Act and take appropriate steps as may be deemed fit in accordance with law;

(B) Direct the opponents to purge themselves of the Civil Contempt committed by them by implementing the common order dated 11.06.2015 passed in Special Civil Application No. 9814 of 2014 and other allied matters;

(C) Pending admission and final hearing of the present application, Your Lordships may be please to direct the opponents to comply with the directions contained in the common oral order dated 11.06.2015 passed in Special Civil Application No. 9814 of 2014 and other allied matters;

(D) Such other and further reliefs that is just, fit and expedient in the facts and circumstances of the case may be granted ”

The petitioners of Misc. Civil Application No. 3236 of 2015, have approached this Court under the provisions of the Contempt of Courts Act, with following relief:

“(A) Your Lordships may be pleased to initiate proceedings of Civil Contempt against the opponents herein for willful and deliberate non-compliance of the oral judgment dated 10.12.2014 passed in Special Civil Application No. 12322 of 2014 by this Hon'ble Court;

(B) Your Lordships may be pleased to punish the opponents after framing the charge to that effect for committing Civil Contempt;

(C) Your Lordships may be pleased to direct the opponents to purge themselves of the Civil Contempt committed by them by not implementing the oral judgment dated 10.12.2014 passed in Special Civil Application No. 12322 of 2014 and other cognate matters;

(D) Pending admission and final hearing of the present application, Your Lordships may be pleased to direct the opponents to comply with the directions contained in the oral order judgment 10.12.2014 passed in Special Civil Application No. 12322 of 2014 by this Hon'ble Court; and other cognate matters; and

(E) Your Lordships be pleased to pass any other appropriate order, as deemed fit, in the interest of justice.”

3. The facts being by and large similar in all the matters, the facts of Misc. Civil Application No.3021 of 2015 are adverted to for




























































































































































































































































































































































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