BADRI VISHAL PANDEY AND ORS. versus RAJESH MITTAL AND ORS.

BADRI VISHAL PANDEY AND ORS. versus RAJESH MITTAL AND ORS.

The SLPs were disposed of on the basis of the office order dated 07.04.2015 which contemplates only preferential re-engagement of retrenched employees as and when vacancies arise and in order of seniority; there was no specific or categorical direction by this Court for reinstatement or grant of regular pay/regular appointment to the petitioners, and therefore contempt cannot be invoked for non-reinstatement absent wilful disobedience; petitioners appointed on muster roll cannot claim regular appointment against Group D posts without meeting eligibility and recruitment norms.

Parties
Petitioner: BADRI VISHAL PANDEY AND ORS.; Respondent: RAJESH MITTAL AND ORS.
Jurisdiction
India
Judgment Date
04 January 2019
Procedural Posture
Contempt Petition / Disposed of and Dismissed (judgment Dated January 4, 2019)
Outcome
Contempt petitions dismissed and Rule discharged
Legal Topics
Reinstatement, Retrenchment, Muster Roll/daily Wages, Preference for Re Employment, U.p. Industrial Disputes Act, 1947 Section 6 Q, Regularization, Equal Pay for Equal Work, Public Appointment Principles
Contempt Labour and Industrial Law Employment Law Reinstatement Retrenchment Muster Roll/daily Wages Preference for Re Employment U.p. Industrial Disputes Act, 1947 Section 6 Q +3 more

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Parties

BADRI VISHAL PANDEY AND ORS.

Petitioner

RAJESH MITTAL AND ORS.

Respondent

Procedural Posture

Contempt Petition / Disposed of and Dismissed (judgment Dated January 4, 2019)

Legal Issues

  1. 1 Whether the order dated 07.09.2015 amounted to a direction for reinstatement of retrenched workmen
  2. 2 Whether contempt lies for not engaging petitioners when Court disposed SLPs in light of office order dated 07.04.2015
  3. 3 Whether petitioners are entitled to regular appointment or minimum regular pay scale against Group D posts without meeting eligibility and recruitment rules

Ratio Decidendi

The SLPs were disposed of on the basis of the office order dated 07.04.2015 which contemplates only preferential re-engagement of retrenched employees as and when vacancies arise and in order of seniority; there was no specific or categorical direction by this Court for reinstatement or grant of regular pay/regular appointment to the petitioners, and therefore contempt cannot be invoked for non-reinstatement absent wilful disobedience; petitioners appointed on muster roll cannot claim regular appointment against Group D posts without meeting eligibility and recruitment norms.

Court Disposition

Contempt petitions dismissed and Rule discharged

Orders

  • Contempt petitions dismissed
  • Rule discharged