Shobha Ram vs Ramesh Chandra Agarwal .

REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

CONTEMPT PETITION (CIVIL) NO. 411 OF 2014 IN WRIT PETITION (CIVIL) NO.246 OF 2011

AVISHEK RAJA & ORS. ...PETITIONER(S)

VERSUS

SANJAY GUPTA ...RESPONDENT(S)

WITH

CONTEMPT PETITION (CIVIL) NO. 33 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 572 OF 2014 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 34 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 571 OF 2014 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 38 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 46 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 50 OF 2015 IN WP (C) NO.264 OF 2012, CONTEMPT PETITION (CIVIL) NO. 158 OF 2015 IN WP (C) NO.510 OF 2011, CONTEMPT PETITION (CIVIL) NO. 174 OF 2015 IN WP (C) NO.510 OF 2011, CONTEMPT PETITION (CIVIL) NO. 101 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 103 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 104 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 105 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 106 OF 2015 IN WP (C) NO.246 OF 2011, Signature Not Verified CONTEMPT PETITION (CIVIL) NO. 107 OF 2015 IN WP Digitally signed by VINOD LAKHINA (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 109 OF 2015 IN WP (C) NO.246 OF 2011, Date: 2017.06.19 16:47:12 IST Reason: 2

CONTEMPT PETITION (CIVIL) NO. 110 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 111 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 112 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 113 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 120 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 121 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 127 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 128 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 129 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 131 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 132 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 133 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 134 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 149 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 150 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 151 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 152 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 153 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 154 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 155 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 102 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 157 OF 2015 IN WP (C) NO.510 OF 2011, CONTEMPT PETITION (CIVIL) NO. 283 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 284 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 285 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 286 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 290 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) 3

NO. 287 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 288 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 291 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 450 OF 2014 IN WP (C) NO.264 OF 2012, CONTEMPT PETITION (CIVIL) NO. 385 OF 2014 IN WP (C) NO.264 OF 2012, CONTEMPT PETITION (CIVIL) D. NO. 25425 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 25424 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 25423 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 25427 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 25426 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 25583 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 21713 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 25577 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 12967 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 25581 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 23904 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 25578 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 25579 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 25431 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 25432 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 26077 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 26256 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 26078 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 25430 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 8429 OF 2016 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 20025 OF 2016 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 23037 OF 2016 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 18567 OF 4

2016 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 27528 OF 2016 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 33442 OF 2016 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 33441 OF 2016 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 36110 OF 2016 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 36227 OF 2016 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 36810 OF 2016 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 40055 OF 2016 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 972 OF 2017 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 11857 OF 2017 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 6277 OF 2017 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 13520 OF 2017 IN WP (C) NO.246 OF 2011, WP (C) NO.998 OF 2016, WP (C) NO.148 OF 2017 & WP (C) NO.299 OF 2017

J U D G M E N T

RANJAN GOGOI, J.

1. The Working Journalists and Other Newspaper Employees

(Conditions of Service) and Miscellaneous Provisions Act,

1955 (hereinafter for short ‘the Act’) was enacted to

regulate the conditions of service of working journalists

and other persons employed in newspaper establishments

throughout the country. The Act is a comprehensive piece

of legislation dealing with, inter alia, entitlement to

gratuity, hours of work, leave as well as fixation of 5

wages payable both to the working journalists and

non-journalist newspaper employees, as may be. So far as

fixation and revision of wages is concerned, Section 9 of

the Act has left such fixation or revision of wages in

respect of working journalists to be dealt with by a Wage

Board constituted thereunder. The recommendations of the

Wage Board, if accepted, are to be notified by the

Central Government under Section 12 of the Act. Section

13 of the Act provides that upon coming into operation of

the Order of the Central Government under Section 12

every working journalist will be entitled to be paid

wages at the rate not less than what is specified in the

Order. Chapter IIA of the Act contains pari materia

provisions with regard to non-journalist employees of

newspaper establishments.

2. Section 16 of the Act provides that the provisions

thereof “shall have effect notwithstanding anything

inconsistent therewith contained in any other law or in

the terms of any award, agreement or contract of service,

whether made before or after the commencement of this 6

Act.” The proviso to Sub-section (1) of Section 16 and

Sub-section (2) would require a specific notice and are,

therefore, being extracted below.

Proviso to Sub-Section (1) Section 16 “Provided that where under any such award, agreement, contract of service or otherwise, a newspaper employee is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under this Act, the newspaper employee shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that he receives benefits in respect of other matters under this Act.

Sub-Section 2 of Section 16 (2) Nothing contained in this Act shall be construed to preclude any newspaper employee from entering into an agreement with an employer for granting him rights or privileges in respect of any matter which are more favourable to him than those to which he would be entitled under this Act.”

3. Section 16A imposes an embargo on the employer for

discharging or dismissing any employee “by reason of his

liability for payment of wages to newspaper employees at

the rates specified in an order of the Central Government

under section 12, or under section 12 read with section

13AA or section 13DD”.

4. Section 17 of the Act deals with recovery of money

due from an employer. As a core issue on the 7

maintainability of the present contempt cases centers

around the remedy provided for by the aforesaid provision

of the Act, Section 17 of the Act may be set out

hereunder.

“17.(1) Where any amount is due under this Act to a newspaper employee from an employer, the newspaper employee himself, or any person authorised by him in writing in this behalf, or in the case of the death of the employee, any member of his family may, without prejudice to any other mode of recovery, make an application to the State Government for the recovery of the amount due to him, and if the State Government, or such authority, as the State Government may specify in this behalf, is satisfied that any amount is so due, it shall issue a certificate for that amount to the Collector, and the Collector shall proceed to recover that amount in the same manner as an arrear of land revenue.

(2) If any question arises as to the amount due under this Act to a newspaper employee from his employer, the State Government may, on its own motion or upon application made to it, refer the question to any Labour Court constituted by it under the Industrial Disputes Act, 1947 (14 of 1947), or under any corresponding law relating to investigation and settlement of industrial disputes in force in the State and the said Act or law shall have effect in relation to the Labour Court as if the question so referred were a matter referred to the Labour Court for adjudication under that Act or law,

(3) The decision of the Labour Court shall be forwarded by it to the State Government which made the reference and any amount found due by the Labour Court may be recovered in the manner provided in sub-section (1).

8

5. Section 17B of the Act provides for appointment of

Inspectors to ensure compliance with the various

provisions of the Act.

6. The Central Government in exercise of its powers

under Sections 9 and 13C had constituted two Wage Boards

on 24.05.2007 under the Chairmanship of one Dr. Justice

Narayana Kurup (retired Acting Chief Justice of the High

Court of Madras) to determine the wages to be paid to

working journalists and non-journalist employees. As

Justice Kurup resigned from the post of Chairman on

31.7.2008, Justice G.R. Majithia (retired Judge of the

Bombay High Court) was appointed as Chairman of the two

Wage Boards on 04.03.2009. The Wage Boards headed by

Justice Majithia (hereinafter referred to as the

“Majithia Wage Board”) submitted its recommendations to

the Central Government on 31.12.2010. The same were

accepted by the Central Government on 25.10.2011 and a

Notification to the said effect, under Section 12 of the

Act, was published on 11.11.2011.

7. Even before the Government Notification under Section 9 12 of the Act was published on 11.11.2011 various

newspaper establishments affected by the Majithia Wage

Board Award had challenged the recommendations of the

Wage Board by filing writ petitions before this Court

under Article 32 of the Constitution of India, the lead

case being Writ Petition (C) No. 246 of 2011. During the

pendency of the writ petitions the Notification dated

11.11.2011 under Section 12 of the Act came to be issued

which was brought under challenge by amendments to the

writ petitions.

8. The challenge in the aforesaid writ petitions, inter

alia, was on the basis that the Act including the

amendment thereto made in the year 1974 was

constitutionally invalid and further that the

constitution of the Wage Boards was contrary to the

statutory provisions contained in the Act. The procedure

adopted by the Wage Boards in determining the wages of

working journalists as well as non-journalist employees

was erroneous and faulty requiring interference of the

Court.

10

9. The aforesaid Writ petitions challenging the Wage

Board recommendations as well as the Notification dated

11.11.2011 accepting the said recommendations were

negatived by this Court by its judgment and order dated

07.02.2014. It will be necessary at this stage to

summarize the following conclusions of the Court in its

judgment dated 07.02.2014 while dismissing the writ

petitions in question.

“(i) After having exhaustively gone through the record of proceedings and various written communications, we are fully satisfied that the Majithia Wage Board proceedings had been conducted and carried out in a legitimate approach and no decision of the Wage Board is perceived to having been taken unilaterally or arbitrarily. Rather all decisions were reached in a coherent manner in the presence of all the Wage Board members after having processed various statistics and we find no irregularity in the procedure adopted by the impugned Wage Boards.

(ii) After perusing the relevant documents, we are satisfied that comprehensive and detailed study has been carried out by the Wage Board by collecting all the relevant material information for the purpose of the Wage Revision. The recommendations are arrived at after weighing the pros and cons of various methods in the process and principles of the Wage Revision in the modern era. It cannot be held that the wage structure recommended by the Majithia Wage Board is unreasonable.

(iii) We have carefully scrutinized all the details. It is clear that the recommendations of the Sixth Central Pay Commission have not been blindly imported/relied upon by the Majithia Wage Board. The concept of ‘variable pay’ contained in the recommendations of the Sixth Central Pay Commission has been incorporated into the Wage Board recommendations only to ensure that the wages of the 11

newspaper employees are at par with those employees working in other Government sectors. Such incorporation was made by the Majithia Wage Board after careful consideration, in order to ensure equitable treatment to employees of newspaper establishments, and it was well within its rights to do so.

(iv) Accordingly, we hold that the recommendations of the Wage Boards are valid in law, based on genuine and acceptable considerations and there is no valid ground for interference under Article 32 of the Constitution of India. Consequently, all the writ petitions are dismissed.

(v) In view of our conclusion and dismissal of all the writ petitions, the wages as revised/ determined shall be payable from 11.11.2011 when the Government of India has notified the recommendations of the Majithia Wage Boards. All the arrears up to March, 2014 shall be paid to all eligible persons in four equal installments within a period of one year from today and continue to pay the revised wages from April, 2014.” (Underlining is ours)

10. A look at the Majithia Wage Board Award would

indicate that the Wage Board had classified newspaper

establishments in different categories based on the

average gross revenue of the establishments for the

preceding three accounting years, i.e., 2007-08, 2008-09,

2009-10. Eight categories of newspaper establishments,

based on the average gross revenue, were worked out and

the working as well as non-working journalist employees

were classified into different categories. The 12

recommendations were not only with regard to revised

scale of wages and “variable pay” but also in respect of

revised rates of dearness allowance, house rent

allowance, transport allowance, hill area allowance

(hardship allowance) etc.

11. At this stage Clause 20(j) of the Majithia Wage Board

Award, which is one of the core areas of controversy in

the present proceedings, may be specifically noticed.

“20(j) The revised pay scales shall become applicable to all employees with effect from the 1st of July, 2010. However, if an employee within three weeks from the date of publication of the Government Notification under Section 12 of the Act enforcing these recommendations exercises his option for retaining his existing pay scale and ‘existing emoluments’, he shall be entitled to retain his existing scale and such emoluments."

12. The Majithia Wage Board Award also specified that

establishments which suffered heavy cash losses

consequently in three preceding accounting years shall be

exempt from payment of arrears, which is clear from

Clause 21 of the Award extracted below.

“21. The arrears payable from the date of enforcement of the Award, if any, as a result of retrospective implementation, shall be paid in three equal installments after every six months from the date of enforcement of the Award and the first installment shall be paid within three 13

months;

Provided that the newspaper establishments, who suffered heavy cash losses consequently in three accounting years preceding the date of implementation of the Awards, shall be exempt from payment of any arrears. However, these newspaper establishments would be required to fix salaries or wages of their employees on notional basis in the revised scales of pay with effect from the date of implementation of the Awards, i.e., the 1st July, 2010.”

13. Alleging that wages and allowances as per the Award

of the Majithia Wage Board, duly approved and notified by

the Central Government, have not been paid, the present

contempt petitions (numbering 83) have been filed.

Three(3) writ petitions under Article 32 of the

Constitution, i.e., Writ Petition Nos. 998 of 2016, 148

of 2017 and 299 of 2017 have also been filed alleging

arbitrary transfer and termination/retrenchment of the

concerned journalists and employees, who claim to have

demanded due implementation of the Majithia Wage Board

Award. The above is the subject matter of consideration

in the present group of cases.

14. Considering the issues involved and the large number

of contempt petitions that had been brought to this 14

Court, different orders have been pronounced by this

Court from time to time to effectively resolve the

issues. Orders dated 28.4.2015, 14.3.2016 and 8.11.2016

which are extracted below would require a specific notice

and mention.

Order dated 28th of April, 2015:

“All the State Governments acting through their respective Chief Secretaries shall, within four weeks from today, appoint Inspectors under Section 17-B of the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 to determine as to whether the dues and entitlements of all categories of Newspaper Employees, including Journalists under the Majithia Wage Board Award, has been implemented in accordance with the terms thereof. The inspectors appointed by the State Government will naturally exercise their powers as provided under the Act and shall submit their report to this Court through the Labour Commissioners of each State indicating the precise findings on the issue indicated above.” (Emphasis is supplied by us)

Order dated 14th of March, 2016:

“We have also taken note of the various interlocutory applications that have been filed alleging wrongful termination of services and fraudulent surrender of the rights under the Wage Board recommendations to avoid liabilities in terms of the order of the Court. As such complaints received till date is substantial in number, this Court is not in a position to individually examine each case. We, therefore, direct the Labour Commissioner of each of the States to look into all such grievances and on determination of the same file necessary reports before the Court which will also be so filed on or before 12 th July, 2016. We grant liberty to each of the individual employees who have filed the interlocutory applications and 15

also such employees who are yet to approach this Court but have a grievance of the kind indicated above to move the Labour Commissioner of the State concerned in terms of the present order.” (Emphasis is supplied by us)

Order dated 08th of November, 2016:

“For reasons we do not consider necessary at present to record the exercise of monitoring the implementation of the Majithia Wage Board Recommendations on the basis of the reports called for from the Labour Commissioners of different States stand deferred to a later date. Instead, it would be prudent and in fact necessary to decide certain questions of law which now stand formulated and have been submitted to the Court by Shri Colin Gonsalves, learned senior counsel, at the request of the Court.

Once the legal formulations are considered and decided, further orders with regard to the mechanism to implement the Majithia Wage Board Recommendations will follow.” (Emphasis is supplied by us)

15. On the basis of the aforesaid orders of the Court,

several reports have been submitted by the Labour

Commissioners of different States indicating the position

with regard to the implementation of the Majithia Wage

Board Award. The said Reports indicate that in some of

the States, some establishments have implemented the

Award in full, whereas others have so implemented the

same partially. In some cases no progress in the matter 16

of implementation has been made at all. The reasons for

non-implementation of the award or partial

implementation, as may be, as evident from the reports of

the Labour Commissioners can be identified to be

four-fold which are indicated below.

(1) As reported by the Labour Commissioners in some of

the establishments, as per Clause 20(j) of the

Majithia Award many employees have agreed to be

governed by the wage structure which had existed

before the Majithia Wage Board recommendations were

accepted and notified by the Central Government.

The issue of authenticity and the voluntariness of

such undertakings, allegedly submitted by the

employees, is also highlighted in the reports of

the Labour Commissioner indicating that the same

are being subjected to the adjudicatory process

under the provisions of Section 17 (quoted above)

of the Act.

(2) The terms of the Majithia Wage Board Award are

required to be implemented by the newspaper

establishments only for regular employees and not 17

for contractual employees.

(3) The element of “variable pay” recommended by the

Majithia Wage Board and accepted by the Central

Government are not required to be taken into

account for the purpose of calculating other

allowances like Dearness Allowance etc.

(4) As per the reports of the Labour Commissioners

submitted to this Court a large number of newspaper

establishments have expressed their inability to

pay the arrears in view of serious financial

constraints.

16. The petitioners contend that the working journalists

as well as the non-journalist employees are entitled to

receive their wages as per the Majithia Wage Board Award

once the recommendations have been accepted and notified

by the Central Government under Section 12 of the Act.

This, according to the contempt petitioners, flows from

the provisions of Section 13 read with Section 16 of the

Act under which provisions, the Wage Board

recommendations, on being notified by the Central 18

Government under Section 12 of the Act, supersedes all

existing arrangements including specific contractual

arrangements governing conditions of service of working

and non-journalist employees. The wages recommended by

the Wage Board, as approved and accepted by the Central

Government, is guaranteed by the Act to the concerned

working and non-journalist employees. The wages notified

can be departed only to adopt more beneficial and

favourable rates. It is, therefore, the contention of

the contempt petitioners that any agreement or

undertaking to be governed by the previous wage

structure, which is less favourable than what has been

recommended by the Majithia Wage Board, is non est in

law. That apart, contentions had been raised that none

of the said undertakings are voluntary and have been

obtained under duress and under threat of

transfer/termination. The contempt petitioners,

therefore, urge that the Majithia Wage Board Award to the

above extent may be clarified by this Court.

17. Insofar as variable pay, contractual employees, and 19

financial capacity is concerned, it is the case of the

contempt petitioners that all the above matters have been

exhaustively dealt with by the Majithia Wage Board. The

recommendations thereof having been accepted by the

Central Government there is no scope for any further

debate or controversy on the said score. The Wage Board

recommendations, as approved and notified, would apply to

all categories of employees, including contractual

employees, who would also be entitled to variable pay and

computation of all allowances by inclusion of variable

pay. All employers are also obliged to pay the arrears

from the stipulated date unless an establishment has

suffered “heavy cash losses” in the three preceding

accounting years preceding the date of implementation of

the Award which is to be distinguished from mere

financial difficulties, as may be projected by an

employer.

18. Opposing the contempt petitions and on behalf of the

newspaper establishments it is contended that the four

issues, urged on behalf of the contempt petitioners, 20

identified above, have not been, in any manner, dealt

with in the main judgment dated 07.02.2014 passed in Writ

Petition No. 246 of 2011. It is, therefore, submitted

that in the exercise of contempt jurisdiction, the

judgment dated 07.02.2014 passed in the main writ

petition cannot be amplified, clarified or “added to” so

as to bring the alleged non-compliance within the four

corners of limited contempt jurisdiction. As the four

issues, crystallized above, does not form part of the

judgment dated 07.02.2014 passed in Writ Petition No. 246

of 2011, it cannot be urged that any of the newspaper

establishments are guilty of commission of contempt for

allegedly violating or flouting the said

terms/requirements which are now sought to be attributed

to be a part of the Majithia Wage Board Award and hence

contended to be a part of the judgment dated 07.02.2014

passed in Writ Petition NO. 246 of 2011 in respect of

which disobedience is alleged.

19. The contours of power of the Court so far as

commission of civil contempt is concerned have been 21

elaborated upon in a number of pronouncements of this

Court. Illustratively, reference may be made to the

following observations in the case of Kapildeo Prasad Sah

vs. State of Bihar1.

“For holding the respondents to have committed contempt, civil contempt at that, it has to be shown that there has been wilful disobedience of the judgment or order of the Court. Power to punish for contempt is to be resorted to when there is clear violation of the Court’s order. Since notice of contempt and punishment for contempt is of far reaching consequence and these powers should be invoked only when a clear case of wilful disobedience of the court’s order has been made out.Whether disobedience is wilful in a particular case depends on the facts and circumstances of that case. Judicial orders are to be properly understood and complied with. Even negligence and carelessness can amount to disobedience particularly when the attention of the person is drawn to the Court’s orders and its implication.

…… …… …… …… …… …… …… ……

Jurisdiction to punish for contempt exists to provide ultimate sanction against the person who refuses to comply with the order of the court or disregards the order continuously.

…… …… …… …… …… …… …… ……

No person can defy the Court’s order. Wilful would exclude casual, accidental, bona fide or unintentional acts or genuine inability to comply with the terms of the order. A petitioner who complains breach of Court’s order must allege deliberate or contumacious disobedience of the Court’s order.” (Emphasis is supplied by us)

20. Similar is the view expressed by this Court in

1 (1999) 7 SCC 569 22

Ashok Paper Kamgar Union vs. Dharam Godha2, Anil Kumar

Shahi vs. Professor Ram Sevak Yadav3, Jhareswar Prasad

Paul vs. Tarak Nath Ganguly4, Union of India vs. Subedar

Devassy PV5, Bihar Finance Service House Construction

Co-operative Society Ltd. vs. Gautam Goswami6 and Chhotu

Ram vs. Urvashi Gulati7. In view of the consistency in

the opinions rendered therein, it will not be necessary

to burden this order by any detailed reference to what

has been held in the above cases except to reiterate that

the standard of proof required to hold a person guilty of

contempt would be the same as in a criminal proceeding

and the breach alleged shall have to be established

beyond all reasonable doubt [Chhotu Ram vs. Urvashi

Gulati (supra)]. More recent in point of time is the view

expressed by this Court in Noor Saba vs. Anoop Mishra8

wherein the scope of the contempt power in case of a

breach of a Court’s order has been dealt with in

paragraph 14 of the report in the following manner -

2 (2003) 11 SCC, 1 3 (2008) 14 SCC 115 4 (2002) 5 SCC 352 5 (2006) 1 SCC 613 6 (2008) 5 SCC 339 7 (2001) 7 SCC 530 8 (2013) 10 SCC 248 23

“To hold the respondents or anyone of them liable for contempt this Court has to arrive at a conclusion that the respondents have wilfully disobeyed the order of the Court. The exercise of contempt jurisdiction is summary in nature and an adjudication of the liability of the alleged contemnor for wilful disobedience of the Court is normally made on admitted and undisputed facts. In the present case not only there has been a shift in the stand of the petitioner with regard to the basic facts on which commission of contempt has been alleged even the said new/altered facts do not permit an adjudication in consonance with the established principles of exercise of contempt jurisdiction so as to enable the Court to come to a conclusion that any of the respondents have wilfully disobeyed the order of this Court ….” (Emphasis is supplied by us)

21. Similarly, in Sudhir Vasudeva vs. George Ravishekaran9

the issue has been dealt with in a manner which may be of

relevance to the present case. Para 19 of the report is

as follows.

“The power vested in the High Courts as well as this Court to punish for contempt is a special and rare power available both under the Constitution as well as the Contempt of Courts Act of 1971. It is a drastic power which, if misdirected, could even curb the liberty of the individual charged with commission of contempt. The very nature of the power casts a sacred duty in the Courts to exercise the same with the greatest of care and caution. This is also necessary as, more often than not, adjudication of a contempt plea involves a process of self-determination of the sweep, meaning and effect of the order in respect of which disobedience is alleged. The Courts must not, therefore, travel beyond the four corners of the order which is

9 (2014) 3 SCC 373 24

alleged to have been flouted or enter into questions that have not been dealt with or decided in the judgment or the order violation of which is alleged. Only such directions which are explicit in a judgment or order or are plainly self-evident ought to be taken into account for the purpose of consideration as to whether there has been any disobedience or wilful violation of the same. Decided issues cannot be reopened; nor can the plea of equities be considered. The Courts must also ensure that while considering a contempt plea the power available to the Court in other corrective jurisdictions like review or appeal is not trenched upon. No order or direction supplemental to what has been already expressed should be issued by the Court while exercising jurisdiction in the domain of the contempt law; such an exercise is more appropriate in other jurisdictions vested in the Court, as noticed above.” (Emphasis is supplied by us)

22. From the stand adopted by the newspaper

establishments in the various counter affidavits filed;

from the statements made in the reports submitted by the

Labour Commissioners of different States from time to

time; and also from the written arguments filed and the

oral submissions advanced it is clear that part

implementation/non-implementation of the Majithia Wage

Board Award by the concerned newspaper establishments is

on account of what the said establishments have perceived

to be the scope and ambit of the Majthia Wage Board Award

as approved and notified by the Central Government, the 25

challenge to which has been dismissed by this Court by

judgment dated 07.02.2014 passed in Writ Petition No. 246

of 2011. The stand taken for what is alleged to be

non-implementation or partial implementation of the

Award, as may be, having clearly stemmed from the

understanding of the Award of the concerned newspaper

establishments in a particular manner, it is our

considered view that the said establishments cannot be

held to have wilfully disobeyed the judgment of this

Court dated 07.02.2014 passed in Writ Petition No. 246 of

2011. At best, the default alleged has taken place on

account of a wrong understanding of the Award as upheld

by this Court. This would not amount to wilful default

so as to attract the liability of civil contempt as

defined under Section 2(b) of the Contempt of Courts Act,

1971. The default alleged though is unmistakably evident

to us, in the absence of any wilful or deliberate

intention to commit the same cannot make any of the

newspaper establishments liable for contempt. On the

other hand, they are entitled to one more opportunity to

implement the Award in its proper spirit and effect in 26

the light of what we now propose to say.

23. The Majithia Wage Board Award has been approved by

this Court by its judgment dated 07.02.2014 passed in

Writ Petition No. 246 of 2011. The Award, therefore, has

to be implemented in full. While it is correct that

issues concerning, (i) Clause 20(j); (ii) whether

the award applies to contractual employees; (iii) whether

it includes variable pay and (iv) the extent of financial

erosion that would justify withholding of payment of

arrears has not been specifically dealt with either in

the Award or in the judgment of this Court, there can be

no manner of doubt that a reiteration of the scope and

ambit of the terms of the Award would necessarily be

called for and justified. This is what we propose to do

hereinafter so as to ensure due and full compliance with

the order(s) of the Court.

24. Insofar as the highly contentious issue of Clause

20(j) of the Award read with the provisions of the Act is

concerned it is clear that what the Act guarantees to 27

each “newspaper employee” as defined in Section 2(c) of

the Act is the entitlement to receive wages as

recommended by the Wage Board and approved and notified

by the Central Government under Section 12 of the Act.

The wages notified supersedes all existing contracts

governing wages as may be in force. However, the

Legislature has made it clear by incorporating the

provisions of Section 16 that, notwithstanding the wages

as may be fixed and notified, it will always be open to

the concerned employee to agree to and accept any

benefits which is more favourable to him than what has

been notified under Section 12 of the Act. Clause 20(j)

of the Majithia Wage Board Award will, therefore, have to

be read and understood in the above light. The Act is

silent on the availability of an option to receive less

than what is due to an employee under the Act. Such an

option really lies in the domain of the doctrine of

waiver, an issue that does not arise in the present case

in view of the specific stand of the concerned employees

in the present case with regard to the involuntary nature

of the undertakings allegedly furnished by them. The 28

dispute that arises, therefore, has to be resolved by the

fact finding authority under Section 17 of the Act, as

adverted to hereinafter.

25. In any event having regard to the Legislative

history and the purpose sought to be achieved by

enactment of the Act i.e. to provide the minimum if not a

fair wage to Newspaper employees, the ratio of the

pronouncement in Bijay Cotton Mills Ltd. and Ors. vs.

State of Ajmer10, holding wages notified under the Minimum

Wages Act, 1948 to be non-negotiable would squarely

govern the wages notified under the present Act. Para 4

of the report in Bijay Cotton Mills Ltd. (supra) which

deals with the above issue is extracted hereinbelow for

specific notice.

“4. It can scarcely be disputed that securing of living wages to labourers which ensure not only bare physical subsistence but also the maintenance of health and decency, is conducive to the general interest of the public. This is one of the Directive Principles of State Policy embodied in Article 43 of our Constitution. It is well known that in 1928 there was a Minimum Wages Fixing Machinery Convention held at Geneva and the resolutions passed in that convention were embodied in the International Labour Code. The Minimum Wages Act is said to

10 AIR 1955 SC 33 29

have been passed with a view to give effect to these resolutions. Vide –South India Estate Labour Relations Organisation vs. State of Madras .

11

If the labourers are to be secured in the enjoyment of minimum wages and they are to be protected against exploitation by their employers, it is absolutely necessary that restraints should be imposed upon their freedom of contract and such restrictions cannot in any sense be said to be unreasonable. On the other hand, the employers cannot be heard to complain if they are compelled to pay minimum wages to their labourers even though the labourers, on account of their poverty and helplessness are willing to work on lesser wages.” (Emphasis is ours)

26. There is nothing either in the provisions of the Act

or in the terms of the Wage Board Award which would

enable us to hold that the benefits of the Award would be

restricted to the regular employees and not contractual

employees. In this regard we have taken note of the

definition of “newspaper employees”, “Working Journalist”

and “Non-Journalist newspaper employees” as defined in

Section 2(c), 2(f) and 2(dd) of the Act. Insofar as

“variable pay” is concerned, as already noticed and

extracted in paragraph 7 above, this Court while dealing

with the concept of variable pay has taken the view that

the said relief has been incorporated in the Majithia

11 AIR 1955 Mad 45 at p.47 30

Wage Board Award in order to give fair and equitable

treatment to employees of newspapers. Therefore, no

question of withholding the said benefit by taking any

other view with regard to “variable pay” can arise. In

fact, a reading of the relevant part of the Award would

go to show that the concept of “variable pay” which was

introduced in the Award stems from grade pay contained in

the Report of the 6th Pay Commission and was intended to

bring the working journalist and non-journalist employees

covered by the Act at par with the Central Government

employees to the extent possible. So far as the concept

of heavy cash losses is concerned, we are of the view

that the very expression itself indicates that the same

is different from mere financial difficulties and such

losses apart from the extent of being crippling in nature

must be consistent over the period of time stipulated in

the Award. This is a question of fact that has to be

determined from case to case.

27. Having clarified all doubts and ambiguities in the

matter and upon holding that none of the newspaper 31

establishments should, in the facts of the cases before

us, be held guilty of commission of contempt, we direct

that henceforth all complaints with regard to

non-implementation of the Majithia Wage Board Award or

otherwise be dealt with in terms of the mechanism

provided under Section 17 of the Act. It would be more

appropriate to resolve such complaints and grievances by

resort to the enforcement and remedial machinery provided

under the Act rather than by any future approaches to the

Courts in exercise of the contempt jurisdiction of the

Courts or otherwise.

28. Insofar as the writ petitions seeking interference

with transfer/termination, as the case may be, are

concerned, it appears that the same are relatable to

service conditions of the concerned writ petitioners.

Adjudication of such question in the exercise of high

prerogative writ jurisdiction of this Court under Article

32 of the Constitution would not only be unjustified but

such questions should be left for determination before

the appropriate authority either under the Act or under 32

cognate provisions of law (Industrial Disputes Act, 1947

etc.), as the case may be.

29. In the light of the above, all the contempt petitions

as well as the writ petitions filed under Article 32 of

the Constitution shall stand answered and disposed of in

the terms hereinabove.

....................,J.

(RANJAN GOGOI)

....................,J.

(NAVIN SINHA)

NEW DELHI JUNE 19, 2017.

1

ITEM NO.2 & 2.1 to 2.85 COURT NO.2 SECTION X

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

CONTEMPT PETITION (CIVIL) NO. 411 OF 2014 IN WRIT PETITION (CIVIL) NO.246 OF 2011

AVISHEK RAJA & ORS. ...PETITIONER(S)

VERSUS

SANJAY GUPTA ...RESPONDENT(S)

WITH

CONTEMPT PETITION (CIVIL) NO. 33 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 572 OF 2014 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 34 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 571 OF 2014 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 38 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 46 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 50 OF 2015 IN WP (C) NO.264 OF 2012, CONTEMPT PETITION (CIVIL) NO. 158 OF 2015 IN WP (C) NO.510 OF 2011, CONTEMPT PETITION (CIVIL) NO. 174 OF 2015 IN WP (C) NO.510 OF 2011, CONTEMPT PETITION (CIVIL) NO. 101 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 103 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 104 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 105 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 106 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 107 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 109 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 110 OF 2015 IN WP 2

(C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 111 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 112 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 113 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 120 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 121 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 127 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 128 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 129 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 131 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 132 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 133 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 134 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 149 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 150 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 151 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 152 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 153 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 154 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 155 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 102 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 157 OF 2015 IN WP (C) NO.510 OF 2011, CONTEMPT PETITION (CIVIL) NO. 283 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 284 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 285 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 286 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 290 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 287 OF 2015 IN WP (C) NO.246 OF 2011, 3

CONTEMPT PETITION (CIVIL) NO. 288 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 291 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) NO. 450 OF 2014 IN WP (C) NO.264 OF 2012, CONTEMPT PETITION (CIVIL) NO. 385 OF 2014 IN WP (C) NO.264 OF 2012, CONTEMPT PETITION (CIVIL) D. NO. 25425 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 25424 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 25423 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 25427 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 25426 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 25583 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 21713 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 25577 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 12967 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 25581 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 23904 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 25578 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 25579 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 25431 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 25432 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 26077 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 26256 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 26078 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 25430 OF 2015 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 8429 OF 2016 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 20025 OF 2016 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 23037 OF 2016 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 18567 OF 2016 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION 4

(CIVIL) D. NO. 27528 OF 2016 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 33442 OF 2016 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 33441 OF 2016 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 36110 OF 2016 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 36227 OF 2016 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 36810 OF 2016 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 40055 OF 2016 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 972 OF 2017 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 11857 OF 2017 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 6277 OF 2017 IN WP (C) NO.246 OF 2011, CONTEMPT PETITION (CIVIL) D. NO. 13520 OF 2017 IN WP (C) NO.246 OF 2011, WP (C) NO.998 OF 2016, WP (C) NO.148 OF 2017 & WP (C) NO.299 OF 2017

Date : 19/06/2017 These cases were called on for pronouncement of judgment today.

For parties (s) Mr. Parmanand Pandey, AOR

Mr. Shekhar Kumar, AOR

Mr. Dinesh Kumar Garg, AOR

Mr. Nitin Kumar Thakur, AOR

Mr. Kunal Verma, AOR

Mr. Satya Mitra, AOR

M/s. M. Rambabu & Co., AOR

Mr. Prashant Katara, Adv.

Ms. Parul Sharma, Adv.

Mr. Neeraj Dubey, Adv.

Mr. Kedar Nath Tripathy, AOR.

5

Mr. Abhinav Mukerji, AOR

Mr. H. K. Chaturvedi, AOR

Mr. Rajan K. Chourasia, AOR

Mr. Praveen Swarup, AOR

Mr. Umesh Sharma, Adv.

Mr. Satish Kumar, AOR.

Mr. Subhash Chandran K.R., Adv.

Mr. Raj Singh Rana, AOR

Mr. V.M. Srivastava, Adv.

Mr. Mahesh Srivastava, Adv.

Ms. Shringarika Priyadarshini, Adv. Mr. P. N. Puri, AOR.

Mr. Rakesh Mishra, AOR

Mr. Milind Kumar, AOR

Mr. Balraj Dewan, AOR

Mr. P. George Giri, AOR

Mr. Narender Kumar Verma, AOR

Mr. Rameshwar Prasad Goyal, AOR

Mr. A. Raghunath, AOR

Mr. Arjun Garg, AOR

State of Manipur Mr. Ashok Kumar Singh, AOR

Mr. Birendra Kumar Mishra, AOR Ms. Poonam Atey, Adv.

Mr. Vijay Kumar, Adv.

State of Chhattisgarh Mr. C.D. Singh, AAG Mr. Prateek Rusia, Adv.

6

Mr. Birendra Kumar Mishra, AOR

Mr. Chandra Prakash, AOR

Mr. Nitin Kumar Thakur, AOR

State of Bihar Mr. Gautam Singh, Adv.

Mr. Rudreshwar Singh, Adv.

Mr. Samir Ali Khan, AOR.

State of Nagaland Ms. K. Enatoli Sema, AOR Mr. Edward Belho, Adv.

Mr. Amit Kumar Singh, Adv.

Mr. K. Luikang Michael, Adv.

Ms. Elix Gangmei, Adv.

Mr. Manish Sharma, Adv.

Mr. mohammed Raiz, Adv.

for M/s. Karanjawala & Co., AOR.

Mr. Ajay Choudhary, AOR

Mr. Jayant Kumar Mehta, AOR

Ms. Pragya Baghel, AOR

Mr. Anil Shrivastav, AOR

Mr. Mohan Lal Sharma, AOR

Mr. Santosh Kumar Tripathi, AOR

Mr. Ajay Kumar Singh, AOR

Mr. Vijay K. Jain, AOR

State of Telangana Mr. S. Udaya Kumar Sagar, Adv.

Mr. Mrityunjai Singh, Adv.

Mr. Shantanu Sagar, AOR

State of Jharkhand Mr. Tapesh K. Singh, Adv.

Mr. Mohd. Waquas, Adv.

Mr. Aditya Pratap Singh, Adv.

7

State of Rajasthan Mr. S.S. Shamshery, AAG, Rajasthan Mr. Amit Sharma, Adv.

Ms. Ruchi Kohli, AOR.

Hon'ble Mr. Justice Ranjan Gogoi pronounced the

judgment of the Bench comprising His Lordship and Hon'ble

Mr. Justice Navin Sinha.

The contempt petitions and writ petitions are

disposed of in terms of the signed reportable judgment.

[VINOD LAKHINA] [ASHA SONI] A.R.-cum-P.S. COURT MASTER

[SIGNED REPORTABLE JUDGMENT IS PLACED ON THE FILE]