Contempt proceedings stand closed with liberty to revive where the underlying order is stayed by a superior court.

The nineteen petitioners, primarily Group 'C' employees working in various capacities such as TOA, SS, and Work Assistants at Mahanagar Telephone Nigam Limited (MTNL), filed a Contempt Petition alleging non-compliance with the Tribunal's directions passed in O.A. No. 108/2021

During the proceedings on March 18, 2026, the respondents—comprising officials from the Department of Telecommunications, MTNL, and the Department of Pension and Pensioners Welfare—informed the Tribunal that the underlying order in O.A. No. 108/2021 had been stayed by the Hon’ble High Court of Delhi

1. Whether the Contempt Petition can proceed when the operation of the judgment/order alleged to have been violated has been stayed by a superior court

The Tribunal followed the established principle of judicial propriety and the provisions of the Contempt of Courts Act, 1971, as applicable to administrative tribunals.

The core rule dictates that once a superior court (High Court) stays the operation of an order, the lower forum cannot proceed with contempt proceedings for its non-implementation, as the "willful disobedience" is legally eclipsed by the stay order

The Tribunal took note of the respondents' categorical submission regarding the stay granted by the Hon’ble High Court of Delhi over the captioned OA

The Bench reasoned that because the implementation of the original order was currently suspended by a higher judicial authority, the contempt proceedings lacked a functional basis for immediate enforcement.

Upon the petitioners' request for liberty to seek legal recourse, the Tribunal determined that the appropriate course of action was to close the petition while preserving the petitioners' right to seek revival depending on the outcome of the High Court proceedings

The petitioners were granted liberty to revive the petition in accordance with the law if required

All pending Miscellaneous Applications (MAs) were disposed of, and no order was made as to costs