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Patna High Court

Umesh KumarversusThe Union of India

Decided
Disposal
DISPOSED

Holding

The Court disposed of the contempt petition, accepting the Union's undertaking to issue a clarificatory order and confirming that the awarded benefits have been paid.

Summary

The petitioners, Umesh Kumar and the National Insurance Employees Association, filed a contempt petition alleging that the Union of India and the State of Bihar had not fully complied with a Labour Court award granting the petitioner appointment and benefits effective from 09-08-2002. The Union, represented by the Post Master General, testified that all salary and allowances totaling Rs. 23,58,696 had been credited and that a clarificatory order regarding seniority would be issued within two weeks. The Court examined the submissions and the undertaking given by the Post Master General. Finding the undertaking satisfactory, the Court disposed of the contempt petition, directing that the promised clarificatory order and calculation chart be provided to the petitioner. The disposition emphasizes that the undertaking must be honored in both letter and spirit.

Issues considered

  • What is the appropriate remedy for alleged non‑compliance with a Labour Court award in a contempt petition?
  • Whether the Union of India has fulfilled its obligations regarding salary, allowances, and seniority as per the award.

Subjects

  • contempt of court
  • labour court award
  • service benefits
  • seniority clarification
  • postal service appointment
  • undertaking

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Miscellaneous Jurisdiction Case No.1181 of 2023
                                                    In
                              Civil Writ Jurisdiction Case No.2758 of 2019
                 ======================================================
           1.     Umesh Kumar Son of Late Baiju Ram Resident of Village- Chandwara Soda
                  Godown, Bharat Mata Gali, Muzaffarpur.
           2.    The National Insurance Employees Association, Through its General
                 Secretary, B M P Srivastava @ B.N.P. Srivastava, J.P. Colony, Chandwara,
                 Muzaffarpur, Bihar.

                                                                          ... ... Petitioner/s
                                                   Versus
           1.    The Union of India Through the Post Master General, Mahendra Prasad
                 Rajak North Bihar Circle, Gaushala Road, Muzaffarpur- 842002.
           2.    The State of Bihar, Through the Labour Commissioner, Government of
                 Bihar, Patna, Niyojan Bhawan, namely Mrs Ranjita Patna.
           3.    The Presiding Officer State Industrial Tribunal Patna namely Manoj Shankar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Kaushalesh Choudhary, Adv.
                 For the Union of India   :    Ms. Kanak Verma, C.G.C.
                 For the State            :    Mr. Vikramaditya, AC to SC -22
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

9   13-03-2026                  Heard learned Advocate for the respective parties.

                                2. In pursuant to the order of this Court the Post

                   Master General alongwith the Senior Superintendent of Post

                   Office, Muzaffarpur Division are present.

                                3. Ms. Kanak Verma, learned Advocate for the Union

                   of India taking this Court through the supplementary show

                   cause affidavit filed on behalf of the opposite party no. 1 has

                   submitted that the award of the Labour Court has been given

                   effect to and now the petitioner has been duly appointed with a
             Patna High Court MJC No.1181 of 2023(9) dt.13-03-2026
                                                         2/2




                       categorical stipulation that he will get all consequential benefits

                       with effect from 09.08.2002. The Post Master General who is

                       present in the Court, on a query made by this Court that the

                       order of appointment lacks a clarity with respect to his seniority

                       and other benefits, he shown a good gesture and fairly submitted

                       that he has allowed all the benefits including salary and other

                       allowances with effect from 09.08.2002 and a total amount to

                       the tune of Rs. 23,58,696/- has been credited in the account of

                       the petitioner. He further submits that in order to resolve any

                       ambiguity, he will issue a clarificatory order within a period of

                       two weeks.

                                    4. Having considered the submissions advanced and

                       undertaking rendered by the Post Master General, this Court

                       deems it proper to dispose off the present contempt petition.

                                    5. However, it is expected that the undertaking given

                       before this Court must be honored in its letter and spirit. It is

                       also expected that a copy of the calculation chart be also handed

                       over to the petitioner within the prescribed period.



                                                   (Harish Kumar, J)
supratim/-

U


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