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Application No. MN‑189 of 1984, decided on 15th August, 1984.
‑‑‑S. 38(5)‑‑Contempt of Court‑‑Applicant alleging non‑payment of back benefits according to entitlement‑‑Some amount already paid‑‑Neither any application made to employer for alleged remaining amount nor details of such amount indicated in application for contempt of Court‑ Application, in circumstance, filed.
Zafar Saleem for Appellant. Date of hearing: 5th August, 1984.
This is a petition under section 38(5) for proceeding against the respondent for contempt of Court for non‑payment of full back benefits. It is urged in the petition that the petitioner is entitled to Rs. 26,000 but the respondent has paid to him Rs.12,650.97 only by means of a cheque. It is urged that according to the commitment made by the respondent, the petitioner was entitled to at least Rs. 17,896. The petitioner has not asked the respondent by means of any letter for the payment of the remaining amount after he received the cheque of Rs. 12,650.97. His silence may have led the respondent to believe that the petitioner was satisfied with the payment of Rs. 12,650.97. He should have first claimed the remaining amount from the respondent and on refusal could have brought petition under section 38(5) if he had a genuine claim. Apart from it no details of the amount is given in the petition. The petition, therefore, does not disclose the commission of any contempt and is filed.
A. E.
Petition filed.
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