(Vikram Nath and Sandeep Mehta, JJ.)
Om Prakash Saxena ________________________________ Petitioner;
v.
Sandeep Kumar Nayak _________ Alleged Contemnor/Respondent(s).
Contempt Petition (Civil) No. 816 of 2025 and Civil Appeal No. 7413 of 2024§, decided on March 18, 2026
The Order of the Court was delivered by
Vikram Nath, J.:—
1. The present contempt petition has been instituted by the petitioner-workman1 alleging willful disobedience of the order dated 05.03.2025 passed by this Court in Civil Appeal No. 7413 of 2024, whereby the appeal filed by the respondent-Corporation2, the alleged contemnor herein, was dismissed with a direction to the respondent to pay the balance amount to the petitioner within 8 weeks from the date of the order.
2. According to the petitioner, the above directions have not been complied with and a sum of Rs. 69,37,999/- remains payable towards back wages and other consequential benefits.
3. During the course of present proceedings, we have been apprised of the fact that petitioner has already received Rs. 52,40,466/-. Further, a cheque of Rs. 5,83,094/- was handed over to the petitioner in Court. According to the respondent, the abovementioned amount completely satisfies liability arising out of the judgment. However, the petitioner contends that as per his calculation, a sum of Rs. 69,37,999/- is still outstanding.
4. In view of the serious dispute regarding the calculation of the amount payable and considering that the petitioner is appearing-in-person, it was deemed appropriate to seek independent assistance. Accordingly, learned senior counsel Mr. Anil Kaushik was appointed as amicus curiae to assist the Court by examining the compliance affidavit as well as the reply to the compliance affidavit filed by the parties and to also apprise the Court as to whether the calculation made by the petitioner or that of the respondent was correct.
5. We have heard the petitioner-in-person, the learned counsel appearing for the alleged contemnor, and Mr. Anil Kaushik, learned amicus curiae.
6. The learned amicus has prepared a comparative chart indicating different components of the arrears, the amount calculated corresponding to each one of them, the amount which has been paid and which remains payable. The chart has been placed before Court and has been taken on record.
7. We have examined the comparative chart along with the rival calculations placed on record by the parties. The difference in the rival computations primarily arises on account of the petitioner having calculated the arrears on the basis of a higher basic pay, whereas the Respondent as well the learned amicus have computed the same on the basis of the applicable pay scale.
8. Having considered the material placed before us, we deem it appropriate to accept the computation reflected in the chart to the extent that a sum of Rs. 31,07,040/- (without leave encashment) remains payable to the petitioner. This finally settles the claim of pending dues of the petitioner in full compliance of the judgment in his favor.
9. We have examined the objections filed by the petitioner to the calculation chart prepared by the learned amicus, and we find no merit in the same.
10. The respondent is directed to pay a sum of Rs. 31,07,040/- to the petitioner within a period of three months from today, failing which the above amount will carry simple interest at the rate of 6% per annum from the date of this order till the date it is paid.
11. We record our deep appreciation for the able assistance provided by Mr. Anil Kaushik, learned amicus curiae in resolving the dispute.
12. Accordingly, the contempt petition stands disposed of in the above-mentioned terms.
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1 Hereinafter referred to as ‘petitioner’.
2 Hereinafter referred to as ‘respondent’.
§ 2026 INSC 261
