^-^f^ ^ aiNk. A ^PPLICANT HI6H COURT OF CHHATTESeARH AT BILASPUR Contemot Petltion No.69 of 2007 Ramesh Kumar ^abhel, Aged about 59 years, S/o Late Shri ^overdhan Pra^ad, Village A Post Masania, Tahsil Sakti, District Janjgir- Champa(Ce) ((( O^ NON-^PPUCANT CONTBANOR VB^SUS Avinash Shrivastava, S/o Not known, Chief Executive Officer. District Co-operflrt'ive Central Bcmk. Bilaspur (C.©.) ORAL ORDER 18. 03. 2008 PER DHIRENDRA MISHRA. J. Mr. Jitendra Pali, Advocote for the appltcant. Mr. &.K* Swain, Advocote for the non-applicant. Heard. The appliccait has filed this petition under Section 12 of the Contempt of Courts Act read with Article 215 of the Constitution of India for initiating contempt proceedings againgt the non-appHcemt for willful violotion of the order dated 19.1.2007 (Annexure C-9) passed bythis CourT in W.P. No.2561/05. Learned counsej for the q)plic<snt submits that even after the express direction by thiss Court" to comply with the order dated 27.4.2005 passed in Second Appeal No* 77 (2) 53/04 , the non-applicant is not implementing the original order dated 7.5.2004 passed by the Assistant Registrar, Co-operotive Societies, Janjgir whereby the non-applicant/contemnor has been directed to reinstate the applicant herein with back wages and other dues from the date of removal from the services tifl adjudication of the case. It has also been averred thot in the execution proceedings fjled by the appljcant herein (Annexure C-2), the non-applicant is rai^ing baseless objections and intimidctting the Executing Courl" i<e- Deputy Registrar, Co-operdtive SocietJes, Janjgir, as js evident from document of Annexure C-8. On the other hand, learned counsel for the non-applicant/contemnor in his return averred thot his application for ad-interim writ was dismissed bythis Court- QS not pressed. There was no time frame fixed by the Court for compliance of the ^riginal judgment doted 7.5.2004 passed by the Assistant Registrar, Co-operative Societies. The applicant was atready reinstoted in :^^. ^'^ K.r services vide order dated 7.3.2007 (Annexure N-2). 5o far as the complionee of payment of back wages to the applicant is concerned, the applicant was directed vide memo dort-ed 20.2.2007 to produce cert-ificate, as per Rule 55 of the C.G. Cooperative Sodeties Act, and the applicant has already applied for execution of the order of the Assistant ftegistrar in his favour vide Annexure C-2 ond the same is pending before the competent authority i.e. Deputy Registrar, Co-operative Societie^, Janjgir* It was furl'her submitf'ed thot though the execution proceeding initioted by the appliccmt is still pending before the Deputy Registrar, the goveming body of the bank has resolved to ppepare a cheque for a sum of Rs.6,13.906/-, which is tentfft-ively payable to the applicant as his back wages, and the same has already been deposited with the original Writ Petition No.2561/05, which is pending in this Court. Xerox copy of the said cheque has also been filed in this petition. After heotf'ing learned counsef for the resped-iw part'ies. after perusing the opder dated 7.5.2004 passed by the Assistant Registrar, Cooperotive Societies, Janjgir and atso considering the reply filed by the non- applicant/contemnor, I am of view that the non-applicant/contemnor has complied with the directions of this Court dart-ed 19.1.2007 passed in W.P. No.2561/05. Since the entitlement of back wages is to be (^iantified in an execution proceedmg already pending before the Deputy Registrar and the non-appliccurt has dready deposited the cheque for tentative <»nount,which according to the non-applicant is payable to the applicant. no furj-her action is deemed necessary in the instant petition and accordingly, the contempt proceeding against the non-applicant is dropped. _-— L The petition is accordingty disposed of. §d/- Dhirendra Mishra Judge Roshaii7-