CCP/1189/2026 of IN RE. Vs MR. ISRAEL MAKOV, on 5 August 2026

Order

05/08/2026

1. This contempt petition has been registered on a reference being made by the Principal District Judge, Presiding Officer Labour Court No.1, Jaipur Metropolitan-II.

2. The contents of the reference letter dated 10.07.2026 are quotted as under:- “On the above subject it is submitted that while availing the remedy In pursuance of order dated 18.03.2021 in DB Civil Contempt Petition No.2001/2018 and order dated 22.09.2021 in DB Civil Misc. Application No.65/2021 passed by the Hon’ble Division Bench, whereby the liberty was granted to the petitioner/ applicant Shri Mahesh Kumar Asnani to seek appropriate remedy as per low in case he feels that Some benefits due towards him, had not been granted, an application was filed by him in this court under Section 33(C)(2) of the Industrial Dispute Act, 1947 for computation of a sum of Rs. 89,74,230/- against salary and other allowances claiming to be due towards him by the non-applicants. The aforesaid application came to be dismissed by this court vide order dated 15.04.2024, which order was challenged by the applicant before Hon’ble High Court by way of filing SB CWP No.12763/2024. Hon’ble High Court vide order dated 07.04.2026 remanded the matter back to this court for conducting the inquiry to determine the amount of salary treating the petitioner's reinstatement w.e.f. 20.07.2018 to 05.08.2021 by giving continuity of service for the purpose of calculation and fixation of pay and other benefits thereon with the direction to complete the exercise aforesaid within a period of two months from the date of receipt of a copy of the order. In compliance of directions aforesaid the applicant filed an application before this court on 15.04.2026 upon which the matter was taken up on 16.04.2026.

(3 of 8) [CCP-1189/2026] In the course of inquiry being conducted in compliance of Hon’ble High Court’s order aforesaid, this court vide order dated 20.04.2026 directed both the parties to produce calculation sheet along with relevant record in order to assist this court in calculating the amount due towards the applicant as directed by Hon’ble High Court. In pursuance of the aforesaid directions, the applicant submitted a calculation seat on 30.04.2026. However the non-applicants did not submit any calculation sheet and relevant record, rather sought time in this regard, which was granted in the interest of justice. On 06.05.2026 the non-applicants filed reply to the application submitted by the applicant and also produced a calculation sheet. On 14.05.2026 the applicant submitted his rejoinder. On 25.05.2026 this court perused the reply and calculation sheet submitted on behalf of non-applicants on 06.05.2026 and found certain specific ambiguities and discrepancies therein and accordingly directed the non- applicants to produce a fresh calculation sheet calculating the amount due afresh in compliance of Hon'ble High Court's order dated 07.04.2026 with the further direction to submitted an explanation of their competent officer in respect of ambiguities and discrepancies pointed out by this court. However, neither a fresh calculation sheet nor an explanation as directed by this court vide order dated 25.05.2026 was submitted by the non-applicants, rather on 03.06.2026 learned senior counsel appearing for non- applicants submitted before this court that the non-applicants are relying upon the calculation sheet, which had already been submitted earlier (on 06.05.2026) and would justify the calculation stated therein. Relying upon the aforesaid statement made at the bar on behalf of non-applicants this court exempted for the time being the filing of fresh/amended calculation sheet and explanation as directed vide order dated 25.05.2026 observing that in view of the submission made on behalf of non-applicants the same should not be insisted at that stage. However, upon perusal of the file in the course of hearing arguments in the matter finding the filing of a calculation sheet

(4 of 8) [CCP-1189/2026] demonstrating applicant to be continued in non-applicant's service, had he not been terminated on 06.09.1996 imperative, this court vide order dated 10.06.2026 directed the non-applicants to submit a calculation sheet based on available relevant record as observed in order dated 10.06.2026 and adjourned the matter for 12.06.2026 for submitting calculation sheet aforesaid by non-applicants. On 12.06.2026, a calculation sheet along with explanatory note and two documents were submitted on behalf of non-applicant and after declining the request of filing counter calculation sheet made by the applicant, the matter was adjourned for pronouncement of order for 15.06.2026 and it was also decided to make a request to the Hon'ble High Court for granting extension of 15 days time to complete the exercise as directed vide order dated 07.04.2026. On 15.06.2026, upon finding the computation of the salary and allowance payable to the applicant for the period from 20.07.2018 to 05.08.2021 in terms of order dated 12.07.2018 passed by Hon'ble Division Bench in DB SAW No. 1067/2017 impossible, this court directed the non-applicants to produce certain specific documentary proof; an affidavit of their competent officer explaining as to why the applicant was not appointed on the post of the 'Medical Service Representative and explaining other aspects associated therewith; and to submit a detailed calculation sheet treating the applicant holding the post of 'Sales Executive' as on 23.11.2002 and calculating the pay scale, dearness allowance and other allowances payable for the period from 20.07.2018 to 05.08.2021, besides directing the applicant also to explain on affidavit 2506 certain points specified in the order itself as well as to submit a detailed calculation sheet along with relevant supporting documentary proof and adjourned the matter for 18.06.2026. On 18.06.2026, the applicant submitted an application stating compliance along with certain documents. However, the non- applicants did not comply the order dated 15.06.2026, rather sought time for compliance citing the non-availability of their learned counsel he being away on account of summer vacations, which was accepted by the court but to the limited and possible extent, not for the

(5 of 8) [CCP-1189/2026] entire summer vacations and adjourned the matter for 22.06.2026 for compliance of order dated 15.06.2026 by the non-applicants. However, on 22.06.2026, nobody marked his presence on behalf of non-applicants and even phone calls made by the court staff were also not responded properly and as such absence on behalf of non-applicants was marked by the court and matter was adjourned for 23.06.2026 for pronouncement of order. On 23.06.2026 and 24.06.2026, the applicant submitted two calculation sheets in order to assist this court in arriving at an accurate calculation to the best possible extent and ultimately vide order dated 29.06.2026 this court was able to pass the final order computing the amount due towards applicant in compliance of Hon'ble High Court's order dated 07.04.2026. It is a matter of serious concern that although the non-applicants kept their eye over the proceedings of the court in the matter regularly from 23.06.2026 onwards till pronouncement of final order of 29.06.2026, to know about the final order going to be passed by the court, but nobody on behalf of non- applicants joined the proceeding and assisted the court in order to complete the inquiry directed by Hon'ble High Court vide order dated 07.04.2026, thereby willfully flouted the directions given by this court vide order dated 10.06.2026 read with order dated 20.04.2026 and 03.06.2026, the willfulness is apparent on the face of the conduct of the non-applicants where an eye was kept on their behalf over the proceedings of the court and final order to be pronounced by the court but without marking their presence and assisting the court. The aforesaid conduct of the non- applicants shows scant regards to the court orders amounting to willful disobedience of the order dated 10.06.2026 read with order dated 20.04.2026 and 03.06.2026 passed by this court constituting the offence of 'Civil Contempt' as defined under Section-2(a) and punishable under Section 12 read with Section- 10 of the Contempt of Courts Act, 1971 for which the Chairman, Managing Director and Directors of the non-applicant "Sun Pharmaceutical Industries Limited' are liable to be proceeded with and punished for the offence of 'Civil Contempt' committed by them as stated herein above.

(6 of 8) [CCP-1189/2026] It is, therefore, requested to place the matter before concerned Hon'ble Bench in judicial side to consider initiating action for the offence of 'Civil Contempt' against the contemnors. The copy of the persons holding the positions of the Executive Chairman, Managing Director and other Directors as downloaded from the non-applicant Company's website is enclosed herewith.”

3. The orders dated 20.04.2026, 03.06.2026 and 10.06.2026 in regard to this reference for initiating contempt proceedings, have been referred and copies of the same have also been placed on record.

4. By order dated 20.04.2026, the parties before the Labour Court were directed to cooperate in making computation of the dues and to submit the report of the calculation sheet.

5. By order dated 03.06.2026, the learned Labour Court has observed that at this stage filing of fresh/amended calculation sheet and explanation, as directed vide order dated 25.05.2026, should not be insisted and there is no any further direction.

6. By order dated 10.06.2026, the office bearers Sun- Pharmaceutical Industries Ltd. were directed to submit the calculation sheet, administrating exact amount payable to the applicant treating him continue in service since 06.09.1996.

7. The aforesaid directions have been issued on an application filed under Section 33(C)(2) of the Industrial Disputes Act for computation of the dues. The proceedings before the Labour Court were in furtherance of the order dated 22.09.2021 passed by the Hon’ble Division Bench of the High

(7 of 8) [CCP-1189/2026] Court in D.B. Civil Misc. Application No.65/2021 (Mahesh Kumar Vs. Mr. Israel Makov and Anr.).

8. The learned Labour Court was to make an inquiry as ordered by the Division Bench and to pass appropriate orders on the basis of the evidence and plea submitted by the parties. If any of the parties does not submit any documentary evidence to support their claims then in that situation the Labour Court can take an adverse inference against the parties, but because of non-submission of the evidence and the documents, without there being any specific directions of the Court, it cannot be treated as disobedience of the Court’s order.

9. On bare perusal of the contents of the orders dated 20.04.2026, 03.06.2026 and 10.06.2026, the Court finds that there was no any such direction that disobedience of which can be treated to be contempt of court for the reason that there was no specific direction to the parties.

10. On observation in the orders for submitting computation of the dues and to submit the report of the calculation sheet and other relevant documents than non submitting of the documents, cannot be treated to be contempt of court’s order.

11. In view of the above, the Court finds no ground to initiate the contempt proceedings as referred by the Labour Court.

12. Accordingly, this contempt petition is dismissed and same is consigned to record.

(8 of 8) [CCP-1189/2026]

13. It is made clear that no observation of this Court in this order would in any manner affect the proceedings before the learned Labour Court.

14. Registry is directed to send a copy of this order to the learned Labour Court. (GANESH RAM MEENA),J 36/ARTI SHARMA