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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. ………. OF 2015 IN WRIT PETITION (CIVIL) NO. 246 OF 2011 IN THE MATTER OF:- Prem Chand Sinha & Ors .....Petitioners Versus Mahendra Mohan Gupta & Ors. ......Respondents 1. I.A. No._____ OF 2015 Exemption for filing the certified copy of the orders alongwith affidavit. WITH 2. I.A. No._________OF 2015 Application for permission P A P E R - B O O K (FOR INDEX KINDLY SEE INSIDE THE PAPER BOOK) FILED BY: (ADVOCATE FOR THE PETITIONER(S)/ Filed on:

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE · PDF filein the supreme court of india civil appellate jurisdiction contempt petition no. . of 2015 in writ petition (civil) no. 246

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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CONTEMPT PETITION NO. ………. OF 2015

IN

WRIT PETITION (CIVIL) NO. 246 OF 2011

IN THE MATTER OF:-

Prem Chand Sinha & Ors .....Petitioners

Versus

Mahendra Mohan Gupta & Ors. ......Respondents

1. I.A. No._____ OF 2015

Exemption for filing the certified copy

of the orders alongwith affidavit.

WITH

2. I.A. No._________OF 2015

Application for permission

P A P E R - B O O K

(FOR INDEX KINDLY SEE INSIDE THE PAPER BOOK)

FILED BY:

(ADVOCATE FOR THE PETITIONER(S)/

Filed on:

Sr. No.

PARTICULARS PAGE No.

1. Synopsis and list of dates

2. Memo of parties

3. Contempt of court petition under Section 10

and 12 of the Contempt of Court Act

alongwith affidavit in support

4. ANNEXURE P-1

Copy of the order dated 07.02.2014 passed in

W.P.(C) No.246/2011passed by Hon’ble

Supreme Court of India.

5. ANNEXURE P-2

Copy f the order dated 05.01.2015 passed in

CCP No.401/2014 passed by Hon’ble

Supreme Court of India

6. ANNEXURE P-3

Copy of the legal notice dated 21.01.2015

issued to the respondent No.2 and respondent

No.3.

7. ANNEXURE P-4

Copy of the legal notice dated 21.01.2015

issued to the respondent No.4 and respondent

No.5.

8. ANNEXURE P-5

Copy of the legal notice dated 21.01.2015

issued to the respondent No.6.

9. ANNEXURE P-6

Copy of the legal notice dated 21.01.2015

issued to the respondent No.7.

10. ANNEXURE P-7

Copy of the legal notice dated 21.01.2015

issued to the respondent No.8.

11. ANNEXURE P-8

Copy of the legal notice dated 21.01.2015

issued to the respondent No.9.

12. ANNEXURE P-9

Copy of the legal notice dated 21.01.2015

issued to the respondent No.10.

13. ANNEXURE P-10

Copy of the legal notice dated 02.02.2015

issued to the respondent No.11.

14. ANNEXURE P-11

Copy of the legal notice dated 02.02.2015

issued to the respondent No.12.

15. ANNEXURE P-12

Copy of the legal notice dated 02.02.2015

issued to the respondent No.13 and

respondent No.14.

16. ANNEXURE P-13

Copy of the legal notice dated 02.02.2015

issued to the respondent No.15.

17. ANNEXURE P-14

Copy of the legal notice dated 02.02.2015

issued to the respondent No.16.

18. ANNEXURE P-15

Copy of the legal notice dated 02.02.2015

issued to the respondent No.17.

19. ANNEXURE P-16

Copy of the legal notice dated 02.02.2015

issued to the respondent No.1 and respondent

No.18.

20. ANNEXURE P-17

Copy of the legal notice dated 02.02.2015

issued to the respondent No.19.

21. I.A. on behalf of the applicants for

exemption from filing the certified copies of

the orders dated 07.02.2014 passed in

W.P.(C) No.346/2011 alongwith affidavit in

support.

21. I.A. on behalf f the petitioners for permission

to file the Contempt of Court petition

alongwith affidavit in support.

22. Power of attorneys

SYNPOSIS AND LIST OF DATES

Present CCP is against the noncompliance of specific directions issued

by this Court in bunch of Writ Petitions under Article 32 of the

Constitution of India. The operative part of the said directions is

reproduced for ready reference:

“71) Accordingly, we hold that the recommendations of the

Wage Boards are valid in law, based on genuine and acceptable

considerations and there is no valid ground for interference

under Article 32 of the Constitution of India.

72) Consequently, all the writ petitions are dismissed with no

order as to costs.

73) In view of our conclusion and dismissal of all the writ

petitions, the wages as revised/determined shall be payable from

11.11.2011 when the Government of India notified the

recommendations of the Majithia Wage Boards. All the arrears

up to March, 2014 shall be paid to all eligible persons in four

equal installments within a period of one year from today and

continue to pay the revised wages from April, 2014 onwards.

74) In view of the disposal of the writ petitions, the contempt

petition is closed.”

The respondent contemnors are the Directors of the newspaper

establishments’ who have refused to comply the said directions despite

repeated requests and have also obtained the signatures of the

employees on formats under duress which is an act to overreach and

circumvent the orders described above.

The Respondents/Contemnors have further started harassing,

victimizing and coercing the employees who dare to demand the

compliance of the orders passed by this Hon’ble Court. Finding no

other remedy, the applicants are before the Court for initiation of

contempt of court proceedings against them for the acts described

above.

LIST OF DATES

1955 The Working Journalists and other Newspaper

Employees (Conditions of Service) and

Miscellaneous Provisions Act, 1955 was enacted.

Various Wage Boards as contemplated under Section

12 of the said Act were constituted and were

implemented from time to time.

24.05.2007 Central Government constituted the Majithia Wage

Board 31/12/2010 Justice (Retd) Majithia submitted

the final report to the central government after

concluding the entire proceedings of wage board

during which all the stakeholders were given chance

to put up their views.

01.11.2011 Central Government vide notification in the official

Gazette notified the recommendations of Justice

(Retd) Majithia and implemented the same on all

newspaper establishments’ including the

establishments’ of the Respondents/Contemnors.

All the newspaper establishments approached this

Hon’ble Court and filed Writ Petitions under Article

32 of the Constitution of India and the entire bunch of

the petitions was clubbed and heard together by the

Court.

07.02.2014 This Hon’ble Court vide final orders dismissed the

entire bunch of writ petitions however issued specific

directions for payment of arrears to the employees

in four equal installments and continue paying the

wages and benefits in terms of the wage board

recommendations as upheld by the court.

The Respondents/Contemnors refused to comply with

the directions issued by the Court and started

harassing and terrorizing the employees demanding

the compliance of the directions of the Court. The

employees are left with no options now.

21.01.2015 Legal notices against the respondent contemnors were

issued asking them comply the orders of the court

however, despite the receipt of the said legal notices,

the respondents have failed to comply with the orders

of the Hon’ble Court.

02.02.2015 Legal notices against the respondent contemnors were

issued asking them comply the orders of the court

however, despite the receipt of the said legal notices,

the respondents have failed to comply with the orders

of the Hon’ble Court.

HENCE THIS CCP

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CONTEMPT PETITION NO. ………. OF 2015

IN

WRIT PETITION (CIVIL) NO. 246 OF 2011

WITH

WRIT PETITION (CIVIL) NO. 382 OF 2011

WRIT PETITION (CIVIL) NO. 384 OF 2011

WRIT PETITION (CIVIL) NO. 386 OF 2011

WRIT PETITION (CIVIL) NO. 408 OF 2011

WRIT PETITION (CIVIL) NO. 510 OF 2011

WRIT PETITION (CIVIL) NO. 538 OF 2011

WRIT PETITION (CIVIL) NO. 514 OF 2011

WRIT PETITION (CIVIL) NO. 546 OF 2011

WRIT PETITION (CIVIL) NO. 87 OF 2012

WRIT PETITION (CIVIL) NO. 264 OF 2012

WRIT PETITION (CIVIL) NO. 315 OF 2012

WRIT PETITION (CIVIL) NO. 817 OF 2013

MEMO OF PARTIES

1. Prem Chand Sinha

S/o Late Sh. Shambhunath Sinha,

R/o 4-C, 432, Votalok,

VAsundhra, Ghaziabad.

2. Subhash Pathak,

S/o Late. Sh. Ram Swaroop Pathak,

Mani Nath Road, Sithaura,

Sarai Talfee,

Bareilly, U.P.-243001.

3. LalitvijayVergiya

S/o Sh. BadriLal Vijay,

Near Of Ek Minor Maszeed,

Chhawani, Kota

4. Santosh Patel,

S/o Sh. Ashok Kumar Patel,

R/o Chandapur (Raja Talab),

Varansi, Banaras.

5. RizwaanKaji,

S/o Abdul Aziz Kaji,

C-107, Hudco Colony,

Sector-5, Gardhi Nagar, Chitorgarh

6. Lalit Kumar Ojha

S/o Late ShivduttOjha

C-324, ShivshantiKunj,

AjadNagra, Bhilwara,

Rajasthan.

7. Suresh Chand Sharma,

S/o Sh. Ramavtar Sharma,

R/o Vill. & Post Office Bahadurpur,

Distt. Alwar, Rajasthan.

8. Subham Singh,

S/o Sh. Sabhajeet Singh,

R/o Vill. Takarpur Nagar,

Post Office Sorapur,

Distt. Sultanpur, Rajasthan.

9. RavinderShrivastav,

S/o Sh. Ram Chandra Shrivastav,

R/o H.No.37/519/13, Naglapati,

Agra-5, U.P.

10. Shekhar Kaushik,

S/o Sh. Om Prakash,

H.No.16/200, Sahu Nagar,

SawaiMadhopur,

Rajasthan-322001.

11. Sumit Kumar Pandey,

S/o Sh. Ravi Narayan Pandey,

PuraniBasti, Malvi Nagar,

Pokhrayan, Kanpur (Depot).

12. Paul Christopher,

S/o Sh. Jawahar Christopher,

R/o Vill. Bhimnagar, Post Farah,

Distt. Mathura, U.P.

13. Ram Dayal

S/o Sh. Kalla Ram,

R/o Ward No.5, Mirzapur,

Teh. Gangapur City,

Dist. SwaiMadhopur,

Rajasthan.

14. Kanwar Pal Singh,

S/o Sh S. Kirpal Singh Yogi,

R/o 399/18, Onkar Nagar,

Gurdaspur, Punjab.

15. Vijay Bihari Singh,

S/o Late. Mangla Prasad Singh,

9-B, N.G. Basak Road,

2nd

Floor, Near Central Jail Bus Stop,

P.o. Mall Road, Dumdum,

Kolkata-700080.

16. Prakash Bhardwaj,

S/o Sh. BudmishChander Bhardwaj,

R/o AshirwadBhawanDhainda,

P.O. Totu, Distt. Shimla,

Himachal Pradesh-700007.

17. Ravinder Pal Singh,

S/o Gurdev Singh,

H.No.276, Pahari Gate,

Raiangali, Batala,

Distt. Gurdaspur,

Pubjab.

18. Deepak Kalia

S/o Sh. SurinderKalia,

Back Side GeetaBhawan,

Shiv Nagar, Gurdashpur,

Punjab-143521.

19. VivekanandVallabhadaPurohit,

8A, Navjivan Society,

Vitthalwadi, Bhavnagar,

Gujrat-364001.

20. Ashok Kumar

S/o Sh. Jai Prakash

VPO Gopi,

Teh. CharkhiDadri,

Distt. Bhiwani

Haryana-127308.

21. Manoj

S/o Late Sh. Om Prakash Khanna,

63-C, Raj Mohalla,

Gaur Bajaar, Near Old SubziMandi,

Sonipat, Haryana-131001.

22. Sunil Tiwari,

S/o Tulsi Tiwari,

1/L/5, Sec.-6, Dorg, C.G.,

Bhilai,

23. Jatin Jain,

S/o Sh. Narender Jain,

R/o H.No.319/13, Jain Street,

GanaurMandi, Sonipat

Haryana-131101

24. Rajendra Kumar Saini,

S/o Sh. D.K. Saini,

Ward No.12, Churu,

Rajasthan.

25. Surender Kumar

S/o Sh. Om Prakash

H.No.618/14, Mile Gate,

Shiv Nagar, Shiv Mandir,

Near Shiv Dharamshala,

Hissar, Haryana-125001.

26. Bishan Singh

S/o Sh. Mahabir Singh,

VPO Jeetwan Bars,

Distt. Bhiwani,

Haryana-127029.

27. Ved Prakash

S/o Sh. Ram Swaroop,

VPO DhaniPirwali,

Teh. Hansi, Distt. Hissar,

Haryana-125033.

28. Kuldeep Kumar,

S/o Sh. Lachhu Ram,

H.No.185, Ward No.5,

Gali No.3, ShyamLalDhani,

Mile Gate Road, Hissar,

Haryana-125001.

29. Rajesh Kumar,

S/o Sh. Permeshari Prasad Sahi,

S-803, Saffron Tower,

AjnaraCien-x, Crossing, Republic

Ghaziabad, U.P.-201009.

30. Munna Prasad,

S/o Sh. Ramnath,

H.No.37, Gali No.18,

Surya Nagar,

Hissar.

31. NareshKharb,

S/o Sh. Ram Kumar,

R/o H.No.18, Surya Nagar,

Hissar, Haryana.

32. Shiv Adhar Singh,

S/o Sh. Ajay Kumar Singh,

R/o Vill. Bhupatipur,

P.O., Pakarpur, Distt

Distt. Sultanpur,

Utter Pradesh-228161.

33. Ranjeet Singh Rajput,

S/o Sh. Om Narayan

R/o SunarDaveli, AanaSagar,

ChotiGanj, Ajmar,

Rajasthan

34. PawanDuniya,

S/o Sh. Prakash Chand Duniya,

H.No.319/15, Shakti Nagar,

Railway Gate No.43B,

Shri Nagar Road, MayarChungi,

Ajmar Rajasthan-305001.

35. Surender Sharma,

S/o Sh. Suresh Sharma,

R/o B-27-28,

PANSAL Circle Pur Road,

Bhilwara, Rajasthan.

36. Mahavir Prasad,

S/o Sh. ShishpalMaanju,

H.No.1553, Sector-13,

Hisar, Haryana-125001.

37. Vijender Kumar

S/o Sh. Om Prakash

R/o Rai Singh Kidhani,

Gali No.2, Sarai Chopta,

Bhiwani, Haryana-127021.

38. AlokBabuShahar,

S/o Sh. BadriShahar,

H.No.1502, BasantVihar,

Kota, Rajasthan-324009.

39. Dinesh Sharma,

S/o Sh. Radhey Sharma,

R/o AathitiGrah, Behind Namdev,

Dharamshala, Patanpole,

Kota-324006.

40. Abdul Karim

S/o Sh. Jaan Mohammed,

R/o Near Nehru Children School,

Indra Gandhi Nagar,

DCM, Kota-324004.

41. Ashfak Ali Ansari,

S/o Sh. Rashid Mohamme,

R/o 4- H-16, Sanjay Nagar, Vigyan Nagar,

Kota-324005.

42. Kunj Bihar,

S/o Sh. Mohan Ahir,

R/o 331, Uttam Nagar,

Dewali Arab Road,

Borkhada, Kota.

43. Prahlad Kumar Prajapati,

S/o Sh. PuriLal,

Village Gadia, Post Samrai,

Teh. Jhalarpatna, Distt. Jhalwar,

Rajasthan-326501.

44. Amrit Singh Hada,

S/o Late Sh. Shyam Singh Hada,

R/o ChawniRamchandra, Pura,

Rajput Colony, Behind Girls School,

Kota, Rajasthan-324007.

45. Anil Sharma,

S/o Sh. Nand Sharma,

R/o 2-CHH-14, Vigyan Nagar,

Kota, Rajasthan-324005.

46. Devendra Singh

S/o Sh. NathuTanwar,

R/o 138, PanditDeendyalUpaday Nagar,

Kota, Rajasthan-324005.

47. Irfan Ali,

S/o Sh. Mohammad Ali,

R/o 1-L-35, Vigyan Nagar,

Behind New Jamma Masjid,

Kota, Rajasthan-324005.

48. Anil Kumar,

S/o Sh. S.N. Nagar,

R/o C-333, MunimAwasiya Colony,

Prem Nagar, Kota.

49. Anil Kumar Ghosh,

S/o Sh. Hariday Ghosh,

R/o Poonam Colony,

Gali No.6, Station Road,

Kota, Rajasthan.

50. Devendra Kumar Dadhich

S/o Sh. Madan Dadhich,

R/o NearAkhlesh Bal Niketan School,

Gordhanpur, Kota.

51. Mukesh Kumar,

S/o Sh. Chothe Mal,

R/o Gali No.11, Saraswati Colony,

Rangpur Road,

Near Pratap, ITI, Kota,

52. Santosh Shrivastva,

S/o Sh. Shiv Shrivastava,

R/o 4-N, Talwandi

Near Govt. Dispencary,

Kota-324005.

Rajasthan.

53. Zuber Khan,

S/o Liyakat Ali Khan,

R/o 2-C-1, Vigyan Nagar,

Chhatpura, Talab,

Main Road, Kota.

54. Girish Chaudhary,

S/o Sh. Rameshwar Chaudhary,

R/o B1, NamrtaAawas,

BajrangNagra, Police Line,

Kota.

55. Subhash Sharma,

S/o Sh. Ramesh Sharma,

R/o H.No.909, Rajput Colony,

RamchandrapuraChawani,

Kota, Rajasthan-324007.

56. Abdul Salam Khan,

S/o Sh. Usman Ali,

R/o Near Income Tax Office,

Durga Colony, CAD Road,

Kota, Rajasthan-324009.

57. JavedMinu,

S/o Sh. Abdul Ansari,

R/o H.No.22-B, Baff Nagar,

Opp. Chambal Garden,

Kota, Rajasthan.

58. Inder Raj Nama,

S/o Sh. Ram Nama,

VPO KheraRasoolPur,

Kota, Rajasthan-325001.

59. Surendra Bansal

S/o Sh. Babu Bansal,

R/o 2-A-9, Shiv Mandir Road,

Kanswa, Kota-324004.

60. Raghu Raj Singh,

S/o Sh. Man Singh,

ChawniRamchandraPura,

Near Police Station,Kota.

61. Ranu Gaur,

S/o Sh. ChunniLal,

H.No.H-10, PRS Colony,

Kota-324007.

62. Vishnu Shankar,

S/o Sh. RamchandraRathor,

H.No.127-D, Near NathuLal,

PhalwanRamchandraPuraChawani,

Kota-324007, Rajasthan

63. Vishnu Balodia,

S/o Sh. JaganNathBalodia,

H.No.59-D, Ramchandrapura,

Chawani Kota, Near Tailiyaka

Shiv Mandir, Kota-324007.

64. Avinath Tiwari,

S/o Sh. Madan Tiwari,

R/o MangalBhawan Near

Narayan BalNiketanSarayka

KA Sthan, Kota-324006.

Rajasthan.

65. Hemant Kanwasiya,

S/o Sh. Ram Kanwasia,

R/o H.No.4-E-31, DadabariExtn.,

Kota, Rajasthan-324009.

66. Ashish Shringi,

S/o Sh. HargovindShringi,

R/o PanditBhawan,

Near ChawaniSAbjiMandi,

Kota, Rajasthan-324007.

67. Ravi Kant Kasera,

S/o Sh. Shiv Kasera,

R/o H.No.1-B-8, Vikas Nagar,

Bundi, 323001.

Rajasthan.

68. Gumani Shankar,

S/o Sh. Ram Nagar,

R/o 5-D-5, Mahveer Nagar-III,

Kota-324005, Rajasthan

69. Sunil Mehandale,

S/o Sh. Madhukar,

R/o 462/3, AanadVihar,

Dadwara, Kota,

Rajasthan=324002.

70. Mahesh Chand Sharma,

R/o Ghansi Sharma,

H.No.2/198, Swami Vivekanand Nagar,

Kota, Rajasthan-324010.

71. Vijay Goswami,

S/o Sh. GopiGoswami,

R/o H.No.222, Gali No.5,

Shyam Nagar, RawatBhata Road,

Kota, Rajasthan.

72. Pradeep Kumar Sharma,

S/o Sh. Kailash Narayan,

R/o 30, Shreeram Nagar,

Devali Arab Road, Bordkheda

Rajasthan.

73. Naresh Kumar,

S/o Sh. Heera Nagar,

Vill. Chiral, Post Labaniya,

Teh. Sangod, Distt. Kota.

Rajasthan.

74. Rajeev Mishra,

S/o Sh. Ashok Mishra,

R/o Kalidass Colony,

Jhalawar.

75. SanjivDadhich

S/o Sh. Vishnu Dadhich

R/o NearLakshya School,

Sanjay Colony,

Jhalwar-326001.

76. Vinay Kumar Jain,

S/o Sh. Raj Jain,

R/o H.No.31, Dhokredy Key Balaji,

Kherapiyo Ki GaliNearMadarsa,

Jhalwar-326001.

77. Mohsin Khan,

S/o Sh. Abdul Khan,

H.No.104, Balaji Road,

ImmamBada,

Near FatehKha Majid,

Jhalawar=326001

Rajasthan.

78. Dinesh Maheshwari,

S/o Sh. GopiMaheshwari

R/o 4-A, Krishna Nagar,

Bajrang Nagar, Kota

Rajasthan-324001.

79. Amlesh Gupta,

S/o Sh. Ramji Gupta,

R/o Hanuman Gadrdi,

Behind Kunhari Police Station,

Kota-324008, Rajasthan.

80. Mahendra

S/o Sh. Ram Dayal Naroliya

R/o 56-B, Kasturba Nagar,

Near Chetak Bridge,,

Bhopal

81. Deepak Singh Chandel

S/o Late Sh. Vijay Singh Chandel,

R/o 1854/2-A, Mehandi Bagh,

Jhanshi.

82. Ramkumar Shahu,

54, Puna Bhawan,

Taliaya, Jhansi.

83. Rajesh Kumar Aggarwal,

S/o Sh. Manhar Lal Agarwal,

R/o 15, Patrakar Colony,

Ring Road No.2,

Bilaspur (C.G.)-495001.

84. Ramesh Joshi

S/o Late. Sh. Tara Dutt Joshi,

R/o RZ-317/20, Tuglakabad Extn.,

New Delhi-110019.

85. Hemant Choudhary,

Solapur, Maharashtra.

86. Ravinder Aggarwal,

S/o Sh. Ramsawroop Aggarwal,

R/o Ward No.8, College Road,

Kangra City, Teh. & Distt. Kangra,

H.P-176001.

87. Raj Kumar

S/o Sh. Om Parkash,

R/o Village Bhodwal,

Post Office Mataur,

Teh. Dharamshala,

Distt. Kangra,

Himachal-176001.

88. Ravinder Singh Wasan,

S/o Sh. Paramjeet Singh Wasan,

46, Civil Lines, Dharamshala City,

Distt. Kangra-176215

89. Deshraj Sharma,

R/o Om Parkash

R/o Kamla Cottage,

Ward No.6, Ramnagar,

P.O. & Teh. Dharamshala,

Distt. Kangra-176215.

90. Hemant Sharma,

S/o Sh. Kedar Sharma,

R/o H.No.1089, Basant Vihar,

Post Dadabari, Kota-324009.

91. Shailendra Mathur

S/o Vipin Mathur,

H.No.255, Retwali

Kaithunipole, Kota-324006.

92. Sunil Kumar Verma,

S/o Sh. Mohan Verma,

New Post Office Road,

Uma Grah K Pass Bhemganj

Mandi Kotak-324002.

93. Samkit Jain

S/o Sh. Ajay Jain

R/o H.No.85, Bajbhawan

Vivekanand Nagar, Deoli

Tonk-304804.

94. Jatin Sharma,

S/o Nsrendra Sharma,

R/o H.No.23/62, Saray Ka Sthan

Patanpole, Kota-324006.

95. Pankaj Mittal,

S/o Sh. Ramesh Mittal,

R/o H.No.44/470, Chawani Ramchandra,

Pura Kota-324007

Rajasthan.

96. Jitendra Joshi,

S/o Sh. Shiv Joshi,

Kothari Sabji Mandi,

Jamna Pan Bhadar Ki Gali,

Kota, Rajasthan.

97. Pankaj Pareek,

S/o Sh. Richhpal Pareek

H.No.50, Dostpura Civil Lines,

Nayapura, Kota-324001.

98. Ram Vishal Nagar,

S/o Sh. Ratan Lal Nagar,

R/o Village & Post Jaloda

Tehsil K. Patna, Distt. Bundi

99 Anil Sharma,

S/o Sh. Anjani Sharma,

R/o H.No.2-E-31, Rangbari,

Awas Vikas Yojna,

Kota-324005.

100. Dayam Khan,

S/o Abdul Khan,

R/o H.No.133/134, Dugra Colony,

Behind BSNL Office,

CAD Kota=324009.

101. Kishan Swaroop Sharma,

S/o Sh. Nathu Lal Sharma,

R/o Durga Colony,

Near Govt. School,

Behind Income Tax Office,

CAD Kota-324005.

102. Vinod Kumar Yadav

S/o Sh. Suresh Yadav,

R/o 61-Dhakar Mohalla,

Ajnawar, Tehsil Chipa Board,

Distt. Baran-325221,

103. Rakesh Jain

S/o Mohan Jain,

R/o H.No.12/92, Arya Samaj Street,

Vijay Pada Rampura,

Kota, Rajasthan-32006.

104. Om Prakash

S/o Sh. Ram Goswami,

R/o Village Ekda,

Tehsil Chouth Ka Barwada,

Distt. Sawai Madhopur,

Rajasthan.

105. Anavar Hussain,

S/o Sh. Maksood Ali,

R/o H.No.170, Subhash Nagar-II,

Kota, Rajasthan.

106. Chaturbhuj Pankaj,

S/o Sh. Nand Lal,

R/o Lanka Colony,

Ward No.22, Madhuwan Road,

Baran-325205.

107. Giriraj Rathi,

S/o Sh. Nand Lal,

Kunj Vihar Colony,

Atru Road Thad,

K Balaji K Samney Baran-325205

108. Parveen Kumar Beniwal,

S/o Sh. Pradeep Kumar Beniwal,

R/o A-78, Saraswati Nagar,

Basni, 1st Phase, Jodhpur,

109. Rajnish Jangir,

S/o Sh. Rajendra Prasad,

R/o 3-M-25, Housing Board,

Bapunagar, Bhilwara,

Rajasthan-311001.

110. Narayan Lal Sharma,

S/o Sh. Mathura Lal Sharma,

R/o Village Kanwakhera,

Near Kanwakheda Park,

Bhilwara-311001.

111. Prem Kumar Gadwal,

S/o Sh. Hamir Lal Gadwal,

R/o Vill Jawahar Nagar,

Pansal Road,

Bhilwara, Rajasthan.

112. Mast Ram

S/o Sh. Rangila Ram

R/o C/o Shyam Lal Building,

Near The park Hotel,

Rajeev Rohal Shop,

Kachiu Ghatti,

Shimla, H.P.

113. Upender Kumar Singh,

S/o Sh.Haribans Narayan Singh,

R/o Vill. Shoghi Medical,

Store Shoghi, Shimla, H.P.

114. Mukesh Sharma,

S/o Sh. Vidya Sagar Sharma,

R/o Prem Kunj, Laxmi Narayan Mandir

Sanjauli, Shimla.

115. Inder Singh Thappa,

S/o Sh. Virender Singh,

R/o Village Balwab,

P.O. Badehari,

Tehsil & Distt. Shimla,

H.P.-171011.

116. Ashok Kumar,

S/o Prakesh Chand,

R/o Flat No.404, Block-22,

Sector-3, New Shimla,

Shimla, H.P.

117. Pradeep Vyas

S/o Sh. RameshwarLal Vyas,

H.No.15/307, Sindhu Nagar,

Bhilwara-311001. Petitioners

Versus

1. Mr. Mahendra Mohan Gupta,

Chairman & Managing Director,

Registered office and Head Office,

Jagran Prakashan Ltd.,

Jagran Building,

2, Savodaya Nagar,

Kanpur-208005, U.P.

Also At.

Corporate Office,

Jagran Prakashan Ltd.,

50-B, Okhla Industrial Area,

Phase-III, New Delhi-110020. Respondents/Contemnors

Also at

Editorial Office,

Jagran Prakashan Ltd.,

D-210 & 211, Sector-63

NOIDA, U.P.

2. Ramesh Chandra Aggarwal,

D.B. Corporation Ltd.,

Dainik Bhaskar,

Plot No.280, Sarkhej

Gandhinagar Highweay,

Near YMCA Club,

Makbara, Ahmedabad,

Gujrat.

Also At

D.N.A.,

(unit of D.B. Corporation Ltd.,

Dainik Bhaskar,

4/54, Press Complex,

A.B. Road,, Indore, M.P.

Also At

D.N.A.,

(unit of D.B. Corporation Ltd.,

Dainik Bhaskar,

Diligent Media Corporation Ltd.,

11th Floor, Tower,

India Bulls Finance Centre,

Senapati Bapat Marg,

Elphinstone (West) Mumbai-400013

Also at

D B Corp Limited

D-143, 2nd

Floor,

Sector-63,

Noida, U.P.-201301 Respondents/Contemnors

Also at

Dainik Bhaskar

6, Ram Gopal Maheshwari Marg

Zone-I, Maharana Pratap Nagar

Bhopal, Madhya Pradesh

Also at

Dainik Bhaskar

Plot No:11-12

Raisen Rd, Sector B,

Govindpura Industrial Area

Bhopal

Also at

Dainik Bhaskar

Shre Ram Plaza

1, Kolar Rd, Shirdipuram, Banjari Colony

Bhopal, Madhya Pradesh

Also at

Dainik Bhaskar

6, Dwarka Sadan, Press Complex

M.P. Nagar, Bhopal

Also at

Dainik Bhaskar

1103, Ansal Towers-38

Nehru Place

New Delhi - 110019

Also at

Business Bhaskar

Lower Ground Floor, 2 E/22,

Jhandewala Extension

Swami Tirath Nagar,

New Delhi – 110055 Respondents/Contemnors

Also at

Dainik Bhaskar

402, 4th Floor

Ratan Jyoti Buliding

Rajendra Place,

New Delhi-110008

Also at

Bhaskar

D.B. Corp Ltd.

(Dainik Divya Marathi),

Plot No. 15295, Motiwala Complex,

Jalna Road Opp. Air India Office

AURANGABAD - 431003

Also at

Bhaskar

Plot No. 11-12

Sector-25-D

Chandigarh

Also at

Bhaskar

4/54,Press Complex , A.B. Road

Indore , M.P.

Also at

Bhaskar

10, Jawaharlal Nehru Marg,

Malviya Nagar,

Jaipur

Also at

Bhaskar

6th Floor, Panchwati Tower,

Harmu Road

Behind Vishal Mega Mart

Ranchi , Jharkhand Respondents/Contemnors

3. Sudhir Aggarwal,

Managing Director

D.B. Corporation Ltd.,

Dainik Bhaskar,

Plot No.280, Sarkhej

Gandhinagar Highweay,

Near YMCA Club,

Makbara, Ahmedabad,

Gujrat.

4. Mr. Gulab Kothari, Chairman,

Rajasthan Patrika Pvt. Ltd.,

Jawaharl Lal Nehru Marg,

Keshgarh, Jaipur,

Rajasthan.

5. Mr. Nihar Kothari, M.D.,

Rajasthan Patrika Pvt. Ltd.,

Jawaharl Lal Nehru Marg,

Keshgarh, Jaipur,

Rajasthan.

6. Mr. Rajul Maheshwari,

Managing Director,

Amar Ujala Publication Ltd.,

C-21, Sector-59,

NOIDA, U.P.

Also at

Mr. Rajul Maheshwari,

Managing Director,

5/1, INS Building,

Rafi Marg,

New Delhi-110001.

7. Mr. Deen Bandhu Chaudhari,

Nav Jyoti Printing Press Pvt. Ltd.,

PO Box No.72, Ajmer

Rajasthan, Respondents/Contemnors

8. Mr. Shailendra Bhadauria, Chairman,

National Duniya News Paper,

Ess Bee Media Pvt. Ltd.,

W-23, Sector-11, NOIDA,

9. Mr. Vivek Goenka, Chairman,

Jansatta,

A-8, Sector-7, Near Taksal,

Noida-201301.

Also at

Indian Express Online Media Pvt. Ltd.,

9-10, Bahadur Shah Zafar Marg,

Express Building,

I.T.O., New Delhi-110002.

Also at

The Indian Express Ltd.,

Second Floor,

Express Towers,

Nariman Point, Mumbai

Also at

The Indian Express Ltd.,

Second Floor, Express Towers,

Nariman Point,

Mumbai-400021.

10. Capt. Abhimannu,

Haribhumi Newspaper,

Near Central Excise Office,

Opp. Pujari Park,

Tikrapara, Raipur,

Chattisgarh.

Also At

Haribhoomi Press

Head Office,

330, Vinay Nagar,

Bypass Road,

Rohtak-124001. Respondents/Contemnors

Also At

Haribhoomi Press,

Delhi Office,

A-19, Onkar Deep Building,

201, Middle Circle,

Connaught Place,

New Delhi-110001.

Also At

Haribhoomi Press

Near Central Excise Office,

Opp. Pujari Park, Tikrapara,

Raipur, Chattisgarh.

11. Mr. Bhanu Dhamija,

Divya Himachal Prakashan Pvt. Ltd.,

Kangra-Pathjankot Marg,

Old Mataur, Kangra,

Himachal Pradesh-176001.

Also At

Divya Himachal Prakashan Pvt. Ltd.,

All Manjeel, Franklin Estate,

Lower Jakhu, Shimla,

Himachal Pradesh-171001.

12. Mr.Vinod Maheshwari,

Navbharat Hindi Daily,

Navbharat Bhawan,

Wardha Road, Sneh Nagar,

Nagpur-440015.

13. Mr. Murlidhar Ananta Shingote,

Shree Ambika Printers and Publications,

Murlidhar Ananta Shingote

B-407, Ashoka Apartment,

Mahatam Phoole Road,

Mulund (East) Mumbai. Respondents/Contemnors

Also At

Shree Ambika Printers and Publications,

Plot No.7, Narayan, Udyog Bhavan,

Industrial Estate,

Dr. Baba Saheb Ambedkar Road,

Lalbaug, Mumbai-400012

14. Mr. Parveen Murlidhar Shingote,

Shree Ambika Printers and Publications,

Murlidhar Ananta Shingote

B-407, Ashoka Apartment,

Mahatam Phoole Road,

Mulund (East) Mumbai.

Also At

Shree Ambika Printers and Publications,

Plot No.7, Narayan, Udyog Bhavan,

Industrial Estate,

Dr. Baba Saheb Ambedkar Road,

Lalbaug, Mumbai-400012.

15. Ms. Shobhna Bhartiya, Director,

Hindustan Media Ventures Ltd.,

7, Kokar Industrial Area,

Near Sadar Thana, Kokar,

Ranchi, Jharkhand-834001.

Also at

Ms. Shobhna Bhartiya, Director,

H.T. Media Ltd.,

18-20, K.G. Marg,

New Delhi-110001.

16. Mr. Arun Sahlot, Chairman,

Raj Express, Raj Group,

21, Zone-II, M.P. Nagar,

Bhopal-462001. Respondents/Contemnors

Also at

Mr. Arun Sahlot, Chairman,

Raj Express, Raj Group,

Leading Hindi Newspaper of M.P.

Plot No.27, 2nd

Floor,

Shanivar Darpan,

Press Complex A, B. Road,

Indore-452008.

17. Mr. Subrat Roy, Chairman,

Rashtriya Sahara Newspaper,

Sahara India Mass Communication,

Sahara India Centre,

2, Kapoorthala Complex,

Aliganj, Lucknow-226024.

Also At

Mr. Subrat Roy, Chairman,

Sahara India Mass Communication,

Rashtriya Sahara

1216-1220, 12th

Floor,

Navrang House,

21, Kasturba Gandhi Marg,

New Delhi-110001.

Also at

Mr. Subrat Roy, Chairman,

Rashtriya Sahara Newspaper,

Sahara India Mass Communication,

Sahara Shaher,

Gomti Nagar,

Lucknow-226010

18. Mr. Sanjay Gupta,

CEO & Whole Time Director,

Registered office and Head Office,

Jagran Prakashan Ltd.,

Jagran Building,

2, Savodaya Nagar,

Kanpur-208005, U.P. Respondents/Contemnors

Also At.

Corporate Office,

Jagran Prakashan Ltd.,

50-B, Okhla Industrial Area,

Phase-III, New Delhi-110020.

Also at

Editorial Office,

Jagran Prakashan Ltd.,

D-210 & 211, Sector-63

NOIDA, U.P.

19. Mr. Prafulla Maheshwari,

Navbharat Hindi Dainik

3, Indira Press Complex,

Ram Gopal Maheshwari Marg,

Zone-1, M.P. Nagar,

Bhopal, M.P.-462011. Respondents/Contemnors

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

Contempt of Court Petition No. -------------of 2015

IN

WRIT PETITION (CIVIL) NO. 246 OF 2011

WITH

WRIT PETITION (CIVIL) NO. 382 OF 2011

WRIT PETITION (CIVIL) NO. 384 OF 2011

WRIT PETITION (CIVIL) NO. 386 OF 2011

WRIT PETITION (CIVIL) NO. 408 OF 2011

WRIT PETITION (CIVIL) NO. 510 OF 2011

WRIT PETITION (CIVIL) NO. 538 OF 2011

WRIT PETITION (CIVIL) NO. 514 OF 2011

WRIT PETITION (CIVIL) NO. 546 OF 2011

WRIT PETITION (CIVIL) NO. 87 OF 2012

WRIT PETITION (CIVIL) NO. 264 OF 2012

WRIT PETITION (CIVIL) NO. 315 OF 2012

WRIT PETITION (CIVIL) NO. 817 OF 2013

IN THE MATTER OF:-

Prem Chand Sinha &Ors .... Petitioner (s)

Versus

Mahendra Mohan Gupta & Ors. ......Respondents

CONTEMPT OF COURT PETITION UNDER SECTION 10 AND

12 OF THE CONTEMPT OF COURT ACT FOR DELIBERATE,

WILFUL AND INTENTIONAL VIOLATION OF THE

DIRECTIONS ISSUED BY THIS HON’BLE COURT VIDE

ORDERS DATED 7/2/2014 IN BUNCH OF PETITIONS WITH

LEAD CASE BEING WP ( C ) NO. 346/2011 TITLED AS “ABV

PVT LTD & ORS VS UNION OF INDIA & ORS.”

MOST RESPECTFULLY SUBMITTED AS UNDER:

1. That the Applicants are constrained to approach against the act of

deliberate, intentional , willful and flagrant violation of the directions

issued by this Hon’ble Court on 7/2/2014 in bunch of Writ Petitions as

mentioned above.

2. That the respondent contemnors are guilty of not only violating

and non complying with the orders and directions of the court but also

guilty of trying to overreach, circumvent and ignore the orders of the

court issued specifically to all newspaper establishments for releasing

the arrears to its employees under the Majithia Wage Board.

3. That the present Contempt of Court Petition arises due to the

noncompliance of the orders passed by this Hon’ble Court issuing wide

ranging directions for release of the benefit to the newspaper

employees as notified by the Central Government vide its notification

dated 1/11/2011 popularly called the Majithia Wage Board

Recommendations.

4. That the wage board as contemplated under Section 12 of the

Working Journalists and other Newspaper Employees (Conditions of

Service) and Miscellaneous Provisions Act, 1955 was constituted and

notified by the Central Government was issued on 24/5/2007 to this

effect.

5. That the said Wage Board held its deliberations and heard all the

stakeholders and finally submitted its report on 31/12/2010.

6. That the said report was duly accepted by the Central

Government and a notification for its implementation was issued by the

Central Government on 1/11/2011 however most of the

Respondents/Contemnors did not implement the said recommendations

despite the same being notified by the Central Government and gaining

a statutory status.

7. That the employers including the Respondents/Contemnors

approach this Hon’ble Court against the notifications of the Central

Governmentand several Writ Petitions under Article 32 of the

Constitution of India were filed before this Hon’ble Court by all the

Respondents/Contemnors interalia on various grounds.

8. That Hon’ble court refused to entertained the contentions against

the notification of the Central Government raised by the newspaper

establishments and upheld the recommendations of the statutory wage

board and has also issued specific directions for the release of the

benefits vide its orders dated 7/2/2014.

9. That while dismissing all the writ petitions, the court issued

specific directions for the time bound implementation of the

recommendations of the statutory wage board as notified by the Central

Government. The directions of the court thus superseded the

notification dated 1/11/11 issued by the Central Government and the

notification became the part of the directions issued by this Hon’ble

Court. The Respondent /Contemnors are under obligation to comply

with the said directions issued by the Court.

10. That the said directions of this Hon’ble Court are in the

knowledge of all the Respondents/Contemnors’ as it was widely

published and reported in public domain. The relevant and operative

part of the directions of the Court dated 7/2/2014 is reproduced

hereunder for ready reference:

“71) Accordingly, we hold that the recommendations of the

Wage Boards are valid in law, based on genuine and acceptable

considerations and there is no valid ground for interference

under Article 32 of the Constitution of India.

72) Consequently, all the writ petitions are dismissed with no

order as to costs.

73) In view of our conclusion and dismissal of all the writ

petitions, the wages as revised/determined shall be payable from

11.11.2011 when the Government of India notified the

recommendations of the Majithia Wage Boards. All the arrears

up to March, 2014 shall be paid to all eligible persons in four

equal installments within a period of one year from today and

continue to pay the revised wages from April, 2014 onwards.

74) In view of the disposal of the writ petitions, the contempt

petition is closed.”

11. That the Hon’ble Court has also issued a specific direction for

payment of the arrears in four equal installments within a period of one

year from the date of order i.e. 7/2/2014 and has further directed the

Respondents/Contemnors to continue to pay the revised wages from

April, 2014 onwards in terms of the recommendations of the Majithia

Wage Board.

12. That the Respondents/Contemnors have not complied with the

said directions issued by the Hon’ble Court and are still paying the old

scale to the employees of the newspaper establishment which are

admittedly not in accordance with the recommendations of the statutory

wage board notification issued by the central government on

11/11/2011 which finally merged with the directions issued by the

Supreme Court of India.

13. That in order to overreach the aforesaid orders of the Court and

show disrespect to the Respondents/Contemnors have also extracted the

signatures of employees under duress and threat of their services on

some pre typed formats, the contents of which were not disclosed to

them neither they were given a copy of the same.

14. That the Respondents/Contemnors have been threatening and

harassing the employees asserting their rights and seeking their benefits

in terms of the aforesaid orders of the Court. The said act is a clear

attempt to overreach the orders of the court and show utter disrespect to

the court hence punishable being willful, deliberate and intentional

contempt of the orders and authority of this Hon’ble Court.

15. That the employees of the establishments of the

Respondents/Contemnors have requested them to comply with the

directions of the Court and release the due benefits to all the

employees as directed by the Court of India but instead of complying

with the directions of the court, the respondents have started

victimizing, harassing and intimidating the vocal employees. They have

leased a reign of terror against the employees seeking implementation

of the Wage Board notifications and compliance of the directions of the

Supreme Court of India.

16. That the entire conduct and intention of the Respondent/

Contemnors show that they are bent upon violating the orders passed

by this Hon’ble Court and are also trying to overreach the orders of the

Court besides showing disrespect to the order of the court. The copy of

the orders dated 7/2/2014 in bunch of petitions with WP (C) No.

246/2011 is being filed herewith as ANNEXURE –P-1.

17. That earlier one of the colleagues of the Applicants filed a CCP

bearing No. 401/2014 titled as “Rajneesh Rohilla & Ors Vs Ramesh

Chandra Aggarwal” thereafter the Respondent management release the

benefits to them as a result the said petition was withdrawn from the

Court, the copy of the orders dated 5/1/2015 in CCP No.401/2014 is

being filed herewith as ANNEXURE –P-2.

18. That a legal notice dated 21.01.2015 was issued against the

respondent No.2, Ramesh Chandra Aggarwal Respondent No.3 Mr.

Sudhir Aggarwal, M.D. asking them to comply with the orders of the

Hon’ble Court, the said respondents/contemnors however, refused to

comply the orders of the Hon’ble Court despite receipt of the aforesaid

legal notice. The copy of the legal notice dated 21.01.2015 is being

filed herewith as ANNEXURE P-3.

19. That a legal notice dated 21.01.2015 was issued against the

respondent No.4, Mr. Gulab Kothari, Chairman and respondent No.5,

Mr. Nihari Kothari asking them to comply with the orders of the

Hon’ble Court, the said respondents/contemnors however, refused to

comply the orders of the Hon’ble Court despite receipt of the aforesaid

legal notice. The copy of the legal notice dated 21.01.2015 is being

filed herewith as ANNEXURE P-4.

20. That a legal notice dated 21.01.2015 was issued against the

respondent No.6, Rajul Maheshwari asking them to comply with the

orders of the Hon’ble Court, the said respondents/contemnors however,

refused to comply the orders of the Hon’ble Court despite receipt of the

aforesaid legal notice. The copy of the legal notice dated 21.01.2015 is

being filed herewith as ANNEXURE P-5.

21. That a legal notice dated 21.01.2015 was issued against the

respondent No.7, Deen Bandhu Chaudhari asking them to comply with

the orders of the Hon’ble Court, the said respondents/contemnors

however, refused to comply the orders of the Hon’ble Court despite

receipt of the aforesaid legal notice. The copy of the legal notice dated

21.01.2015 is being filed herewith as ANNEXURE P-6.

22. That a legal notice dated 21.01.2015 was issued against the

respondent No.8, Mr. Shailendra Bhardwaj, Chairman asking them to

comply with the orders of the Hon’ble Court, the said

respondents/contemnors however, refused to comply the orders of the

Hon’ble Court despite receipt of the aforesaid legal notice. The copy of

the legal notice dated 21.01.2015 is being filed herewith as

ANNEXURE P-7.

23. That a legal notice dated 21.01.2015 was issued against the

respondent No.9, Mr. Vivek Goenka, Chairman asking them to comply

with the orders of the Hon’ble Court, the said respondents/contemnors

however, refused to comply the orders of the Hon’ble Court despite

receipt of the aforesaid legal notice. The copy of the legal notice dated

21.01.2015 is being filed herewith as ANNEXURE P-8.

24. That a legal notice dated 21.01.2015 was issued against the

respondent No.10 Capt. Abhimannu asking them to comply with the

orders of the Hon’ble Court, the said respondents/contemnors however,

refused to comply the orders of the Hon’ble Court despite receipt of the

aforesaid legal notice. The copy of the legal notice dated 21.01.2015 is

being filed herewith as ANNEXURE P-9.

25. That a legal notice dated 02.02.2015 was issued against the

respondent No.11, Mr. Bhanu Dhamija asking them to comply with the

orders of the Hon’ble Court, the said respondents/contemnors however,

refused to comply the orders of the Hon’ble Court despite receipt of the

aforesaid legal notice. The copy of the legal notice dated 02.02.2015 is

being filed herewith as ANNEXURE P-10.

26. That a legal notice dated 02.02.2015 was issued against the

respondent No.12, Mr. Vinod Maheshwari asking them to comply with

the orders of the Hon’ble Court, the said respondents/contemnors

however, refused to comply the orders of the Hon’ble Court despite

receipt of the aforesaid legal notice. The copy of the legal notice dated

02.02.2015 is being filed herewith as ANNEXURE P-11.

27. That a legal notice dated 02.02.2015 was issued against the

respondent No.13, Mr. Murlidhar Nanta Shingote and respondent

No.14, Mr. Parveen Mulridhar Shingote asking them to comply with

the orders of the Hon’ble Court, the said respondents/ contemnors

however, refused to comply the orders of the Hon’ble Court despite

receipt of the aforesaid legal notice. The copy of the legal notice dated

02.02.2015 is being filed herewith as ANNEXURE P-12.

28. That a legal notice dated 02.02.2015 was issued against the

respondent No.15, Ms. Shobhna Bhartiya, Director asking them to

comply with the orders of the Hon’ble Court, the said

respondents/contemnors however, refused to comply the orders of the

Hon’ble Court despite receipt of the aforesaid legal notice. The copy of

the legal notice dated 02.02.2015 is being filed herewith as

ANNEXURE P-13.

29. That a legal notice dated 02.02.2015 was issued against the

respondent No.16 Mr. Arun Sahlot, Chairman asking them to comply

with the orders of the Hon’ble Court, the said respondents/contemnors

however, refused to comply the orders of the Hon’ble Court despite

receipt of the aforesaid legal notice. The copy of the legal notice dated

02.02.2015 is being filed herewith as ANNEXURE P-14.

30. That a legal notice dated 02.02.2015 was issued against the

respondent No.17, Subrat Roy, Chairman asking them to comply with

the orders of the Hon’ble Court, the said respondents/contemnors

however, refused to comply the orders of the Hon’ble Court despite

receipt of the aforesaid legal notice. The copy of the legal notice dated

02.02.2015 is being filed herewith as ANNEXURE P-15.

31. That a legal notice dated 02.02.2015 was issued against the

Respondent No.1, Mr. Mahendra Mohan Gupta and Respondent No.18,

Mr. Sanjay Gupta asking them to comply with the orders of the

Hon’ble Court, the said respondents/contemnors however, refused to

comply the orders of the Hon’ble Court despite receipt of the aforesaid

legal notice. The copy of the legal notice dated 02.02.2015 is being

filed herewith as ANNEXURE P-16.

32. That a legal notice dated 02.02.2015 was issued against the

respondent No.19, Mr. Praphulla Maheshwari asking them to comply

with the orders of the Hon’ble Court, the said respondents/contemnors

however, refused to comply the orders of the Hon’ble Court despite

receipt of the aforesaid legal notice. The copy of the legal notice dated

02.02.2015 is being filed herewith as ANNEXURE P-17.

33. That the Applicant further wishes to inform the Court that the

Respondent/Contemnors have further openly stated that they would not

implement the orders of the Court , come what may and are further

terrorizing the employees of their establishments’ by misusing the

powers.

34. That the orders dated 7/2/2014 as issued by this Hon’ble Court

are with regard to the entire newspaper industry as the representative

body of the Respondent /Contemnors has filed the said petitions and

the respondents are now bound to comply the orders issued by this

Hon’ble court.

35. That the Applicants have no other remedy accept for the present

petition as the notification of the Wage Board finally merged with the

orders of this Court passed on 7/2/2014 and the Respondents/

Contemnors are bound to comply the same under all circumstances.

The directions issued by the court are even otherwise to be complied by

the Respondents/Contemnors as it is for the entire newspaper industry

and the Respondents cannot claim any exemption from the same.

36. That the present petition is being filed in the interest of justice.

GROUNDS

I. Because, the orders dated 7/2/2014 as issued by this Hon’ble

Court are directions issued to the Respondents/Contemnors and are

very clear, unambiguous.

II. Because, the Respondents/Contemnors have failed to comply

with the directions issued by the Court and have not released the

benefits of the Majithia Wage Board to its employees despite the lapse

of so much of time.

III. Because, the Respondents/Contemnors are under duty obligation

to comply with the directions of the court without any exception.

IV. Because, the Respondents/Contemnors have shown their

disrespect to the orders of the court by not implementing the pay scale

and other benefits to the employees despite lapse of so much of time.

V. Because, the Respondents/Contemnors are guilty of showing

disrespect to the orders of the Court by coercing and threatening the

employees implementation of the same.

VI. Because, the Respondents/Contemnors are further guilty of

overreaching the orders of the Court by getting the signatures of the

employees on pre typed formats to the effect that the employees does

not want the benefits as directed by the Court.

VII. Because, the directions as issued by the court are binding on all

the Respondents/Contemnors as the bunch of writ petitions were filed

by the representative body of the Respondents and the respondents can

not claim that they were not a party to the said writ petitions.

VIII. Because, the notification issued by the Central Government for

implementation of the wage board notification finally merged with the

orders dated 7/2/2014 passed by this Hon’ble Court hence the non-

compliance or violation of the same would amount to contempt of the

orders of this Hon’ble Court under all circumstances.

IX. Because, the Respondents/Contemnors have failed to comply

with the directions of the court despite lapse of so much of time which

amounts to a willful, deliberate and intentional violation of the orders

of the court for which the Respondents are liable .

PRAYER

It is therefore prayed that the court may initiate contempt of

court proceedings against the Respondents/Contemnors and punish

them for violating, non-complying and overreaching the orders and

directions issued on 7/2/2014 by this Hon’ble Court in WP ( C )

No.346/2011 alongwith the entire bunch of petitions.

Pass such other order(s) as this Hon’ble Court may deem fit and

property under the circumstances of the case.

AND FOR THE ABOVE ACT OF KINDNESS THE

PETITIONERS AS ARE THE DUTY BOUND SHALL EVER

PRAY.

Drawn on: 02.2015 DRAWN & FILED BY

Filed on : 02.2015

Advocate for the petitioners

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CONTEMPT PETITION NO. ………. OF 2015

IN THE MATTER OF:-

Prem Chand Sinha & Ors .....Petitioners

Versus

Mahendra Mohan Gupta & Ors. ......Respondents

A F F I D A V I T

I Prem Chand Sinha S/o Late Sh. Shambhunath Singha R/o 4-C,

432, Votalok, Vasundhra, Ghaziabad, U.P. presently at Delhi aged

about 52 years, do hereby solemnly affirm and declared as under:-

1. That I, am the petitioner No.1 in the present case and on behalf

of all the petitioners and being well conversed with the fact and

circumstances of the present case I am competent to swear this

affidavit.

2. That the accompanying Contempt Petition has been prepared

by my counsel on my instructions, the same may be kindly read as

part and parcel of this affidavit, the contents thereof are not repeated

here for the sake of brevity. The contents of thereto are true and

correct.

3. That the list of dates contains pages to is in chronological

order and the contents are true and correct.

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

I.A. No.___________ OF 2015

IN

CONTEMPT PETITION NO. ………. OF 2015

IN THE MATTER OF:-

Prem Chand Sinha & Ors .....Petitioners

Versus

Mahendra Mohan Gupta & Ors. ......Respondents

INTERLOCUTOPRY APPLICATION ON BEHALF OF

THE APPLICANT FOR EXEMPTION FROM FILING

THE CERTIFIED COPIES OF THE ORDERS DATED

7/2/2014 IN WP (c ) NO. 346/2011.

To

The Hon’ble Chief Justice

And his companion Judges of

Hon’ble Supreme Court of India,

At New Delhi.

MOST RESPECTFULLY SUBMITTED AS UNDER:

1. That the Applicant has filed the accompanying CCP, the contents

of which are not being repeated herein for the sake of brevity, the same

be read as part and parcel of this application as well.

2. That the present CCP is based on the directions issued by this

Hon’ble Court on 7/2/2014 which has not been compiled by the

Respondents/Contemnors.

3. That the Applicant has not been able to obtain a certified copy of

the aforesaid orders passed by the court in WP ( C ) No. 346/2011 on

7/2/2014, a print out of the soft copy obtained through the website of

this Hon’ble Court is however being duly filed alongwith.

4. That the print out of the order being filed is identical copy of the

orders of the court however not certified.

5. That it is not possible for the Applicant to file the certified copies

of the orders of the court hence this application.

PRAYER

It is therefore most respectfully prayed that the court may exempt

the Applicant from filing the certified copies of the orders dated

7/2/2014 passed in bunch petitions of WP ( C ) NO. 346/2011 and hear

the present CCP on the basis of the print out of the order as mentioned

above.

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CONTEMPT PETITION NO. ………. OF 2015

IN THE MATTER OF:-

Prem Chand Sinha & Ors .....Petitioners

Versus

Mahendra Mohan Gupta & Ors. ......Respondents

A F F I D A V I T

I Prem Chand Sinha S/o Late Sh. Shambhunath Singha R/o 4-C,

432, Votalok, Vasundhra, Ghaziabad, U.P. presently at Delhi aged

about 52 years, do hereby solemnly affirm and declared as under:-

1. That I, am the petitioner No.1 in the present case and on behalf

of all the petitioners and being well conversed with the fact and

circumstances of the present case I am competent to swear this

affidavit.

2. That the accompanying I.A. has been prepared by my

counsel on my instructions, the same may be kindly read as part and

parcel of this affidavit, the contents thereof are not repeated here for

the sake of brevity. The contents of thereto are true and correct.

3. That the contents of this affidavit have been read over to me

in my vernacular and I have understood the same and testify to be

true and correct. seeking the identical relief before this Hon'ble

Court.

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

I.A. No.___________ OF 2015

IN

CONTEMPT PETITION NO. ………. OF 2015

IN THE MATTER OF:-

Prem Chand Sinha & Ors .....Petitioners

Versus

Mahendra Mohan Gupta & Ors. ......Respondents

INTERLOCUTOPRY APPLICATION ON BEHALF OF

THE PETITIONER FOR PERMISSION TO FILE THE

CONTEMPT OF COURT PETITION

To

The Hon’ble Chief Justice

And his companion Judges of

Hon’ble Supreme Court of India,

At New Delhi.

MOST RESPECTFULLY SUBMITTED AS UNDER:

1. That the Applicant has filed the accompanying CCP, the contents

of which are not being repeated herein for the sake of brevity, the same

be read as part and parcel of this application as well.

2. That the present CCP is based on the directions issued by this

Hon’ble Court on 7/2/2014 which has not been compiled by the

Respondents/Contemnors.

3. That the Applicant is not a party to the said Writ Petitions but

their representative body was impleaded by the Court subsequently.

4. That the Applicant being the directly affected party due to the

non implementation of the orders of this Hon’ble Court is now directly

approaching this Hon’ble Court for directions seeking the

implementation of the orders of the court.

5. That the Applicant being the directly affected party seeks the

permission of the court for filing the present CCP for the enforcement

of the directions of the court.

5. That the present application is being filed in the interest of

justice.

PRAYER

It is therefore most respectfully prayed that the court may permit

the Applicant to file the present CCP for the enforcement of the orders

in WP ( C ) NO. 346/2011 and the entire bunch of petitions.

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

I.A. No____________ OF 2015

IN

CONTEMPT PETITION NO. ………. OF 2015

IN THE MATTER OF:-

Prem Chand Sinha & Ors .....Petitioners

Versus

Mahendra Mohan Gupta & Ors. ......Respondents

A F F I D A V I T

I Prem Chand Sinha S/o Late Sh. Shambhunath Singha R/o 4-C,

432, Votalok, Vasundhra, Ghaziabad, U.P. presently at Delhi aged

about 52 years, do hereby solemnly affirm and declared as under:-

1. That I, am the petitioner No.1 in the present case and on behalf

of all the petitioners and being well conversed with the fact and

circumstances of the present case I am competent to swear this

affidavit.

2. That the accompanying I.A. has been prepared by my

counsel on my instructions, the same may be kindly read as part and

parcel of this affidavit, the contents thereof are not repeated here for

the sake of brevity. The contents of thereto are true and correct.

3. That the contents of this affidavit have been read over to me

in my vernacular and I have understood the same and testify to be

true and correct. seeking the identical relief before this Hon'ble

Court.