Patna High Court
Umesh KumarversusThe Union of India
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
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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