NON­REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

MISC. APPLICATION No.1712 of 2018 WITH

INTERLOCUTORY APPLICATION NO.38501/2018 IN

MISC. APPLICATION No.711 of 2017 IN

CIVIL APPEAL No.4482 OF 1998

Rajeshwar Mahto        ….Appellant(s)

VERSUS

Alok Kumar Gupta, G.M. M/s Birla Corporation Ltd.           …Respondent(s)

J U D G M E N T

Abhay Manohar Sapre, J.

1. We heard Mr. Rajeshwar Mahto­

applicant/appellant appeared­in person and also

heard Ms. N.Annapoorani, learned counsel

appointed by Supreme Court Legal services

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Committee to assist the applicant in support of his

applications.  

2. These two aforementioned applications arise

out of Civil Appeal No. 4482 of 1998 and M.A. No.

711/2017 decided by this Court’s detailed order

dated 23.02.2018.  

3. By detailed order dated 23.02.2018, this Court

disposed of  Misc. Application  No. 711/2017 and

Contempt Petition No.785/2018 in C.A. No.4482 of

1998 and gave relief to the applicant which reads as

under:

“27. On applicant’s vacating the quarter within the time fixed by this Court, the Corporation will accordingly pay to the applicant Rs.7,50,000/­ by demand draft within one  week  from the date  of  vacating the quarter.

28. With these directions, the contempt petition stands disposed of. Rule Nisi, if issued, stands discharged against the alleged contemnor.”   

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4. Now it appears that the applicant is not

satisfied with the grant of the aforesaid monetary

relief to him and, therefore, he has again filed these

applications.  

5. In substance, the applicant wants more money

than what was awarded to him by this Court’s

order dated 23.02.2018. From his oral submissions,

what we could gather is that he now claims towards

his salary etc.   more than one crore or so whereas

we have awarded to him Rs.7,50,000/­ in full and

final satisfaction of his total service claim.   

6. He had also filed application for modification

against the order dated 23.02.2018.

7. We have perused the applications carefully

with  a view  to find  out  as to  whether  our order

dated 23.02.2018 requires any further modification

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so as to grant to the applicant more than what we

have granted already ( Rs.7,50,000/­) .

8. Having  perused,  we  find ourselves unable to

accept the applicant’s prayer made in these

applications and also  in his submissions.   In our

opinion, the prayer made by the applicant has no

factual and legal basis.  

9. The order dated 23.02.2018 is quite a

reasoned order wherein this Court has taken into

consideration the entire factual and legal aspects of

the case, all previous  orders  passed in the  main

case out of which the contempt petition arose, the

effect and consequences of the orders passed in the

matters, applicant’s monthly emoluments, his

length of service period, and all his other legal

entitlements payable under various heads and then

worked  out the final figure of  Rs.7,50,000/­   for

being paid to him by his employer.

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10. There is no error much less apparent error in

the order dated 23.02.2018 which may persuade us

to further modify and award more money than what

was awarded to the applicant. The applicant has to

be now satisfied with the order dated 23.02.2018.

11. The applicant, in his submission, mainly urged

one issue that he needs money for the marriage of

his daughter. If that be the position then the

amount of  Rs.7,50,000/­ can be used by him for

performing the marriage of his daughter.

12. With these observations, the applications made

by the applicant and  which are listed today are

dismissed.

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13. We finally grant three  months’ time to the

applicant to vacate the quarter, which he has still

continued to occupy, and accept the amount of

Rs.7,50,000/­   from his employer (respondents

herein) in terms of the order dated 23.02.2018.

                     …………………………………..J.

                                        (ABHAY MANOHAR SAPRE)

                                           ….………..……………………….…J.

 (MOHAN M. SHANTANAGOUDAR) New Delhi, September 24, 2018

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