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Non implementation of high court orders
04-Aug-2023 (In Labour & Service Law)
A government organisation has deleted my 7 years of service benefits viz.,Gratuity Ex-Gratia under VRS at the time of my retirement in 2002 without any basis. I approached HIGH COURT and the Court has passed its orders on 12th September 2017 directing the respondents to pass orders to count my entire service within 8 weeks. Since the state has been bifurcated Two separate Corporations formed After great persuasion one has paid part of the principal amount the second did not respond till date. I want to recover principal and interest from the date of my retirement. Please advise me when should I file a contempt petition against organisation and also for recovery of interest etc.,
Hi
1) Substantial time has passed since the orders were passed (12 September) and also since your retirement in the year 2002.
2) Non response to High court order is a contempt (i.e to count 7 years of service in to service benefits) where for non payment, the high court might not be avenue as payment recoveries are to be done only by filing execution petition in the district court.
3) So High court might accept to issue contempt notice for non compliance and penalise the officer for non inclusion of 7 years of service in service benefits.
4) Please note that it is mandatory on your part to issue Notice of Contempt to the corporation atleast 3 weeks prior to filing of contempt petition in High court.
5) However for recovery of money you should file an execution petition against the organisation to recover the money(provided you have a specific order)
Hope this information is useful.
1) Substantial time has passed since the orders were passed (12 September) and also since your retirement in the year 2002.
2) Non response to High court order is a contempt (i.e to count 7 years of service in to service benefits) where for non payment, the high court might not be avenue as payment recoveries are to be done only by filing execution petition in the district court.
3) So High court might accept to issue contempt notice for non compliance and penalise the officer for non inclusion of 7 years of service in service benefits.
4) Please note that it is mandatory on your part to issue Notice of Contempt to the corporation atleast 3 weeks prior to filing of contempt petition in High court.
5) However for recovery of money you should file an execution petition against the organisation to recover the money(provided you have a specific order)
Hope this information is useful.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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