Non compliance of court order

Querist : Anonymous (Querist) 27 October 2011 This query is : Resolved
In a recent judgement of high court(division bench).The court has directed my previous organisation to pay me gratuity with in two months of judgemnt.Now this period has already passed neither gratuity is paid nor any intimation has been given to me.What I should do?

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M.Sheik Mohammed Ali (Expert) 27 October 2011
you may file either contempt of the court or attachment of the property.

Querist : Anonymous (Querist) 27 October 2011
My previous organisation was supposed to pay the gratuity with in two months of judgement which they have not so far.Can they now move to supreme court against the verdict of high court, even when the period of payment i.e. two months has already passed.

Arun Kumar Bhagat (Expert) 27 October 2011
They can move Supreme Court, better before filing contempt give them a notice to this effect.

Devajyoti Barman (Expert) 27 October 2011
If the order has not been stayed by the higher court then without wasting any time file petition of contempt of court before the same Bench which passed the order.

Querist : Anonymous (Querist) 27 October 2011
Sir, I have already reminded them through letters.Do I need to sent notice to them through lawyer?

ajay sethi (Expert) 27 October 2011
do you proof that letter has been received by them . if no proof then issue notice then file contempt petition

Querist : Anonymous (Querist) 27 October 2011
Sir, all letters sent by registered post can I move for contempt directly.Futher,In contempt can they challange the high court decision and say that they are not agree with it?

Querist : Anonymous (Querist) 27 October 2011
Further,I have already filed a caveat in supreme court and so far no intimation is there that they have moved to supreme court but can they move in future?.Since they have to pay gratuity with in two months so they were supposed to move within two months to supreme court which they have not done.Can supreme court accept there pitition in case they move now?

Devajyoti Barman (Expert) 27 October 2011
Yes Yes Yes........
No No No........

prabhakar singh (Expert) 27 October 2011
When letters were mailed by registered post,then if its a/d is not returned obtain their service dates from post office concerned.

Caveat filed by you is alive for 90 days and no stay could be granted without hearing you in case any stay is sought by them in SLP if filled in SUPREME COURT.

SO advisable is this that move contempt after expiry of your CAVEAT.

Raj Kumar Makkad (Expert) 27 October 2011
Caveat never expires. You have already been advised by various experts to file contempt of court petition without wasting time but you are still raising silly questions. First take action and face all eventualities coming in the way. After all your lawyer shall also do something.

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