VidhiSangh

Supreme Court of India · 04/01/2019

BADRI VISHAL PANDEY AND ORS. versus RAJESH MITTAL AND ORS.

[2019] 1 S.C.R. 223 · 2019 INSC 12

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Summary

Retrenched Jal Nigam workers sought reinstatement and regular pay through contempt proceedings arising from an order recording acceptance of a re-employment circular. The Supreme Court held that its earlier order granted preference by seniority when a future need arose, not unconditional reinstatement or regular appointment. No wilful disobedience was established. The petitions were dismissed, while services of workers already re-engaged were protected.

Issues

  1. Whether contempt could enforce reinstatement or regular pay absent such directions in the earlier order.
  2. Whether the re-employment circular or vacant regular Group D posts conferred the claimed rights.

Provisions considered

Held

Result

Contempt petitions dismissed; rule discharged and pending applications disposed of. Services of workers already re-engaged protected.

Judgment PDF: Supreme Court of India, [2019] 1 S.C.R. 223.