Stay of an underlying order by a superior court necessitates closure of pending contempt proceedings.

The petitioners, comprising 19 employees of Mahanagar Telephone Nigam Limited (MTNL) in various capacities (Group B and C), filed a Contempt Petition (C.P. No. 60/2025) alleging willful disobedience of the Tribunal's directions passed in O.A. No. 748/2019

During the oral hearing on March 18, 2026, the counsel for the respondents (Department of Telecommunications and MTNL) informed the Tribunal that the underlying order in the captioned O.A., which formed the basis of the contempt plea, had been stayed by the Hon’ble High Court of Delhi

Whether the Contempt Petition can be proceeded with during the subsistence of a stay order passed by the Hon’ble High Court on the original judgment

The Tribunal applied the established procedural principle that contempt proceedings for the enforcement of a sub-ordinate court/tribunal's order are generally stayed or closed if the operation of the said order has been suspended by a superior court

The Tribunal observed the categorical statement made by the respondents' counsel regarding the stay granted by the Hon’ble High Court of Delhi against the order in O.A. No. 748/2019

It reasoned that since the primary order was no longer currently enforceable due to the judicial stay, the contempt proceedings could not be maintained at this stage.

The Tribunal accepted the petitioners' request for liberty to revive the petition depending on the outcome of the High Court proceedings

It granted liberty to the petitioners to revive the contempt proceedings in accordance with the law, should the circumstances require it following the High Court’s final decision

All pending Miscellaneous Applications were disposed of with no order as to costs