The State Of Odisha vs Samal Barrage Employees Union

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.

Digitally signed by Dr.

That writ petition was premised on the order dated Mukesh Nasa Date: 2022.03.11 19:07:35 IST

22.01.2020 passed by the Single Judge of the High Court in Reason:

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.

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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.

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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.