1 S.B. CIVIL MISC CONTEMPT PETITION NO.399/2007 Bhartiya Processors Shramik Vs. Sh. Hemant Gera & Ors. Sangh, Bhilwara. Date of Order :: 17.3.2008 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. R.S. Saluja, for the petitioner. Mr. Manish Pitaliya, for the respondents. Mr. Ashok Chhangani, ... By the order dated 7.2.2007 an interim direction was given to the effect that the RIICO may proceed with finalizing the sale of unit acquired by it, however, while appropriating the sale proceeds, the interest of the petitioner may be safeguarded. A challenge to the order aforesaid was given by the Rajasthan State Industrial Development and Investment Corporation Ltd. by way of filing a special appeal before the Division Bench of this Court and that came to be decided on 13.4.2007 in following terms: “This appeal is directed against the order of the learned Single Judge dated 7.2.2007 inS.B. Civil Writ Petition No.4791/2006. The relevant part of the order runs as under: “During the pendency of the writ petition, the RIICO may proceed with finalizing the sale of unit acquired by it. However, while appropriating the sale proceeds, the interest of the petitioner may be safeguarded.” We do not find any error in the order. While implementing the order it is open to the appellant RIICO to take appropriate decision with respect to the workers represented by Bhartiya Processors Shramik Sangh keeping in view their interest as far as possible in accordance with law. It 2 goes without saying that if the decision is adverse to the workers, it is open to them to seek remedy according to law. With this observation the appeal is disposed of.” While submitting the instant contempt petition it is alleged by the petitioner Union that the respondents have not adhered the directions given by learned Single Judge on 7.2.2007. I have perused the order and also examined all relevant facts. The Division Bench by the order dated 13.4.2007 while affirming the order dated 7.2.2007 left it open for the RIICO to take appropriate decision represented by Bhartiya Processors Shramik Sangh keeping in view their interest as far as possible in accordance with law. It was also left open for the workmen that if they have any grievance with the decision taken, may seek remedy according to law. On consideration of the facts available on record I am of the view that whatever action taken by the respondents is not a willful or deliberate non-compliance of the direction given by this Court. The rights of the members of the petitioner-Union are yet to be adjudicated, as such, it is not a case where contempt proceedings be initiated against the respondents. Accordingly, the contempt petition is dismissed. (GOVIND MATHUR), J. Jgoyal