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Before the Presiding Officer Labour Court

Mardan

COC No. /2021


In
Appeal No.06/2021

Nisar Ahmed ( late ) through LRs


i. Ashfaq Ahmed S/O Nisar Ahmed
ii. Waqas Ahmed S/O Nisar Ahmed
iii. Zulfiqar Ahmed S/O Nusar Ahmed
R/O Quarter No.47, Labour Colony Mardan …………………….. ( Petitioners )

VERSUS

1. Senior General Manager


Premier Sugar Mills Mardan.

2. Senior Accountant
Premier Sugar Mills, Mardan.

3. The Wages Compensation Authority


Wges Commissioner Mardan. ……………….. ( Respondents )

Application under section 3 of the Contempt of Court Ordinance 2003 for


initiating appropriate action against the respondents for willful disobedience of
the non-implementation of Court Order dated 20-10-2021, or any other
enabling law for the enforcement of order of this Hon’able Court.

Respectfully Sheweth:

1. That the petitioner had filed appeal bearing No.05 /2021 before this August
Court, which was heard and finally decided by this August Court on 20-10-
2021, by holding as following :

“ Thus this Court set aside the impugned judgment of the trial
court to the extent that as far as monthly rent, electricity,
water, and gas charges are concerned, the petitioner shall
produce documentary proof before the learned trial court
showing that the same have been entirely paid by them with
not a single penny remaining outstanding against them.
As soon as this is done by the former, the learned trial court
SHALL release their dues to them. “

Copy of the Judgment of this Hon’able Court is Annex-A


2. That after passing the said order, the petitioner submitted a letter dated 16-
11-2021 for implementation of the said judgment in true spirit, so that the
decision could yield fruit. Copy of letter is Annex-B.

3. That the Respondents No.3 despite of urgency thrown away the letter in
dustbin without caring the compliance of Court order.

4. That the petitioner is appearing daily before the learned Trial Court and
requesting him for release of payment to him, but he let the petitioner sit
him out of his office till end of office time and then on one pretext and other
refused the payment, although there is no restrained order passed by any
superior court till this time.

5. That since the direction has been issued by the August Court on 20-10-2021
but till this time the same has not been complied by either of the
respondents, which act of the respondents amounts to clear violation of
court order and amounts to contempt of this court order.

It is therefore, humbly prayed that on acceptance of this petition the


contempt of court proceedings may please be initiated against the
respondents and they may please be punished in accordance with law and
the order of this Hon’able court dated 20-10-2021 may please be executed
on priority basis so that the petitioner could get relief as soon as possible as
he has been suffered since 2016.

Petitioner

Through

Haji Sardar Ali Khan


Advocate Supreme Court
CERTIFICATE

This is to certify that no other application


except the present one has been either filed
nor has been decided prior to this petition.

Deponent

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