• School did not pay gratuity despite court order

My mother took voluntary retirement from a government aided school. The school did not pay gratuity at the time of retirement. She filed case in labour court. The court ruled in her favour and asked school to pay gratuity. The school did not comply. So she had to file a case for recovery . This time too court ruled in her favour. The court sent recovery certificate to the district collector. The collector ordered Tahasildar to take action. This was on 9/12/2016. We haven't heard from the collector or Tahasildar until now despite sending several reminders. What can be done now? Does this amount to contempt of the court ? Should the contempt petition be filed in same court or high court?
Asked 7 years ago in Labour

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7 Answers

File petition in HC for contempt of court against the school management and the authorities

2) school will comply with court orders and release your mother gratuity

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

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Hello!

Going by what you have written in your query, it appears that both the public authorities, namely collector and tehsildar, are not performing duty enjoined upon them. They are public officers who are not performing their public duty of taking the court order to its logical conclusion. In such situation, you may, approach High Court for issuance of a writ of mandamus against these officers by filing a writ petition, under article 226 of the Constitution of India.

Wish you all the best.

Adv. Nahush Khubalkar

Nahush Khubalkar
Advocate, Nagpur
69 Answers
20 Consultations

5.0 on 5.0

ThIS IS QUITE COMMON NOWADAYS.

Anyway nothing to worry.

File a writ petition in high court so the high court takes strong action upon the Tehsildar to recover the money fast.

In this way you would get justice fast.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

If you had initiated execution action on the order in favor of you to recover the amount due to you properly as per law of execution of decree, by now you could have got the school authorities or the principal arrested which would have made the recovery possible. The collector or the Tahsildar will not take initiate any action on their own if you do not follow it op properly.

Alternately you can file a contempt petition before the court which passed the orders for recovery.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

There is no time limit for filing contempt petition especially when you have received notification from Tahsildar office that the payment process is going on, you may wait for the developments.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

wait for some time as tehsildar has informed you in writing that your payment is being processed

2) if you dont receive payment in 3 months time take out contempt of court proceedings

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. This is surely contempt of court, so file a contempt application before the court. It has to be filed in the same court.

2. File the petition without delay.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

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