Full Judgment Text
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2022
(Arising out of SLP (Civil) No.4402 of 2021)
STATE OF ODISHA Appellant
VERSUS
SAMAL BARRAGE EMPLOYEES’ UNION Respondent
WITH
SLP (Civil) No.4535 of 2021
SLP (Civil) No.4548 of 2021
SLP (Civil) No.4437 of 2021
O R D E R
CIVIL APPEAL NO. OF 2022
(Arising out of SLP (Civil) No.4402 of 2021)
1. Leave granted.
2. This appeal challenges the order dated 01.03.2021 passed
by the High Court of Orissa at Cuttack in Contempt Case No.896
of 2021.
3. The aforestated Contempt Petition was filed seeking
enforcement of the order dated 29.01.2020 passed by a Single
Judge of the High Court in Writ Petition (Civil) No.3442 of
Signature Not Verified
2020. That writ petition was premised on the order dated
Digitally signed by Dr.
Mukesh Nasa
Date: 2022.03.11
19:07:35 IST
Reason:
22.01.2020 passed by the Single Judge of the High Court in
Writ Petition (Civil) No.1954 of 2020. After hearing both
2
sides, Writ Petition No.1954 of 2020 was disposed of directing
the official respondent “to look into the grievance of the
petitioner in the matter of regularization in terms of the
Court's direction involved therein within a period of seven
days from the date of communication of the order along with
copy of the writ petition and copy of the orders relied upon
by the petitioner.”
4. Close on the heels of the aforestated order dated
22.01.2020, Writ Petition (Civil) No.3442 of 2020 was filed by
the respondent herein and as the prayers in the writ petition
indicate, relief on the same line as was granted vide order
dated 22.01.2020 was prayed for.
5. While dealing with Writ Petition (Civil) No.3442 of 2020,
without issuing notice to the official respondents, the Single
Judge of the High Court vide order dated 29.01.2020 directed
as under:
“Considering the submission made and keeping in view
the development as aforesaid, this Court directs the
opposite party no.I to take step for regularization
of the case of the petitioner keeping in view the
direction under Annexures-1, 2 and 3 and also keeping
in view the order of this Court dated 22.01.2020,
passed in W.P.(C) No.1954 of 2020. The entire
exercise shall be completed as expeditiously as
possible, preferably within a period of one and half
months from the date of communication of a certified
copy of this order along with copy of the writ
petition by the petitioner.”
6. It is common ground that the case of the petitioner in
Writ Petition (Civil) No.1954 of 2020 was considered by the
3
Department and by order dated 04.02.2020, the claim for
regularization was rejected.
7. It appears that as the official respondents were not
served in Writ Petition (Civil) No.3442 of 2020 and the order
was not passed after issuing notice to them, nothing was done
by the official respondents in pursuance of the directions
issued by the Court in its order dated 29.01.2020.
8. Therefore, Contempt Case No.3553 of 2020 was preferred by
the writ petitioner in Writ Petition (Civil) No.3442 of 2020,
which was again disposed of without issuing notice to the
official respondents with the direction that the direction
issued by the Court in Writ Petition (Civil) No.3442 of 2020
be complied within 15 days.
9. This was followed by Contempt Case No.5600 of 2020 which
was again disposed of without issuing notice to the official
respondents reiterating the earlier directions and commanding
the official respondents to deal with the matter within a
week.
10. The matter was then considered by the Principal Secretary
to Government, Department of Water Resources, Government of
Odisha, and by order dated 31.12.2020, the prayer for
regularization made by the petitioner in Writ Petition (Civil)
No.3442 of 2020 was rejected.
4
11. Thereafter, yet another Contempt Petition being Contempt
Case No.896 of 2021 was filed in which the Single Judge of the
High Court was pleased to direct the personal appearance of
the alleged contemnors in the High Court along with
explanation as to why they should not be punished under the
Contempt of Courts Act for deliberate violation.
12. As the facts clearly indicate, at no stage, the official
respondents were noticed either when the original writ
petition, namely, Writ Petition (Civil) No.3442 of 2020 was
disposed of or first two contempt petitions were disposed of
by the High Court. Even then the matter was considered by the
Principal Secretary and by order dated 31.12.2020, the claim
raised by the petitioner in Writ Petition (Civil) No.3442 of
2020 was rejected. Consequently, there was no occasion for the
High Court to take cognizance in Contempt Case No.896 of 2021.
13. We, therefore, allow this appeal, set-aside the order
dated 01.03.2021 passed by the High Court and dismiss Contempt
Case No.896 of 2021.
14. It shall be open to the respondent Union to challenge the
order dated 31.12.2020, if so advised. In case any such
challenge is raised, the same shall be considered purely on
its own merits without being influenced by any of the
observations made by the High Court in the proceedings
indicated hereinabove.
5
15. The appeal is thus allowed, without any order as to
costs.
SLP (CIVIL) NO.4535 OF 2021; SLP (CIVIL) NO.4548 OF 2021; AND,
SLP (CIVIL) NO.4437 OF 2021.
16. These Special Leave Petitions are directed against the
order dated 29.01.2020 passed in Writ Petition (Civil) No.3442
of 2020; and two orders dated 04.11.2020 and 17.12.2020 passed
by the High Court in Contempt Case Nos.3553 and 5600 of 2020
respectively. The Challenge need not be considered in the
light of what we have observed in the earlier part of the
order.
17. The Special Leave Petitions are, therefore, disposed of.
........................J.
(UDAY UMESH LALIT)
........................J.
(S. RAVINDRA BHAT)
New Delhi,
March 07, 2022.