Petitioners challenged compliance of distress orders regarding payment of workmen dues. Court found substantial compliance with interest paid, dismissing contempt action under Article 215.
Petition disposed of; no contempt action initiated against respondents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION
CONTEMPT PETITION NO.114 OF 2009 IN CONTEMPT PETITION NO.99 OF 2007 IN WRIT PETITION NO.2642 OF 2005
Association of Engineering Workers & Anr.
.. Petitioners
versus
Mr.Vishwas Patil & Ors. .. Respondents
Mr.N.M.Ganguli for the petitioners. Mr.K.R.Belosay, A.G.P for the State.
CORAM : A.S.OKA, J. DATE : 4th December 2009.
P.C:
. Heard learned counsel appearing for the petitioners and learned A.G.P for the respondents. Perused the affidavit of Dinesh Kuradhe, Nayab Tahsildar (Recovery-Government Dues). I have also perused the annexures to the affidavit. It appears that there is a substantial compliance made by the respondent Nos.1 and 2 as is clear from the affidavit. Though there is a delay, the 35 workmen have been paid the outstanding dues with interest.
(A.S.OKA,J)
3 issues framed by the court
Whether initiation of contempt proceedings is warranted despite delay in payment of dues of workmen.
Whether the payment of dues satisfies the requirement of compliance for contempt petition.
Whether this case warrants action under Article 215 or Contempt of Courts Act.
2 provisions across 2 enactments
Association of Engineering Workers & Anr.
Mr. Vishwas Patil & Ors.
A.S.Oka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court