MUHAMMAD ISHAQUE vs ZEAL PAK CEMENT FACTORY LTD — 2024 SCMR 628 SUPREME-COURT

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MUHAMMAD ISHAQUE VS ZEAL PAK CEMENT FACTORY LTD. Ss. 3 & 4---Constitution of Pakistan, Art.204---Contempt of High Court---Employees of a company---Termination from service---Judgment issued by the High Court directing reinstatement in service with all consequential benefits---Non-compliance by the company (employer)---Whether company (employer) made substantial compliance with the judgment of the High Court?---Held, that seemingly, the directions issued by the High Court for reinstatement in service with all benefits, which the petitioners (employees) were entitled to at the date of termination of their services, were not complied with---Therefore, the petitioners filed an application in the High Court for initiating contempt proceedings for the non-compliance of judgment---However, the High Court declined to initiate contempt proceedings based on the statement of the alleged contemnors (company) that substantial compliance of the judgment had been made---Impugned order of the High Court did not reflect whether any verified statement of accounts was filed in the High Court by the alleged contemnors to demonstrate compliance and payments, if any, made to the petitioners---Additionally, no due diligence was made by the High Court to ensure compliance with its own judgment---Despite the High Court passing various harsh and deterrent orders on different dates of hearing for ensuring compliance and implementation of its judgment, the contempt application was disposed of precipitously and inconsiderately, and the sole observation was that substantial compliance had been made---What substantial compliance was allegedly made should have been reflected in the order to determine whether due compliance had been achieved or not---So, in all fairness, it was not enough for the High Court to dispose of the contempt application on the ground that if the petitioners had any substantial claim against the respondent (company), they were at liberty to seek a remedy, if any, under the law---Court has to assess the contempt and its gravity and may also purge it if an unqualified apology is tendered by the contemnor; however, there is no concept or parameter to relieve or emancipate the contemnors on the notion that substantial compliance has been made, which had not been demonstrated in the present case---Court has to evaluate the compliance of its judgment in its entirety and not the ratio or percentage of compliance---In the present case denial of exercising jurisdiction proactively in the contempt proceedings for revitalising and assuring the compliance of judgment not only rendered the main judgment worthless and inconsequential, but for all practical purposes, also undermined the writ of the Court and watered down the efficacy of the orders passed by different benches in the same proceedings for ensuring compliance---Petitions were converted into an appeal and allowed; the impugned Order of the High Court was set aside and the matter was remanded back to the High Court for deciding the contempt application afresh and for examining whether the judgment had been implemented as per the directions issued by the High Court or not.

MUHAMMAD ISHAQUE vs ZEAL PAK CEMENT FACTORY LTD — 2024 SCMR 628 SUPREME-COURT

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