In a contempt petition regarding alleged violation of a Labour Court order currently pending before the Writ Court, the single judge found no wilful disobedience and dismissed the petition.
The Contempt Petition is disposed of.
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.
cp438.13
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CONTEMPT PETITION NO.438 OF 2013
Subhash s/o Anantgir Gosavi,
Age-62 years, Occu:Nil,
R/o- Flat No.302, Silver Gate,
Sector-B, N-1, CIDCO,
Aurangabad.
...PETITIONER
VERSUS
Shivcharan s/o Tulshiram Fokmare,
Age-Major, Occu:Service as
Assistant General Manager,
State Bank of India, Region-IV,
Zonal Office at Plot No.79,
N-5, CIDCO, Aurangabad.
...RESPONDENT
...
Shri P.L. Shahane Advocate h/f. Shri. Parag
P. Shahane Advocate for Petitioner.
Shri P.B. Paithankar Advocate with Shri
T.K. Prabhakaran Advocate for Respondent.
...
CORAM: A.I.S. CHEEMA, J.
DATE : 15TH JANUARY, 2014
ORDER :
1. Heard learned counsel for both sides. It is
not in dispute that this Contempt Petition has
been moved regarding violation of order dated 3rd
cp438.13
2
August 2012, passed by the Labour Court,
Aurangabad in the proceedings of Reference (IDA)
No.77 of 2007. Against the same order, admittedly,
Writ Petition No.391 of 2013 has been filed. The
learned counsel for Respondent submits that in the
said Writ Petition, in view of the directions,
Respondent has also deposited amount.
2.The impugned order, for violation of
which Contempt Petition is filed, itself is
pending consideration before the Writ Court. At
present it cannot be said that there is wilful
disobedience. At this stage I do not find any
reason to keep the Contempt Petition pending. The
Contempt Petition is disposed of.
[A.I.S.CHEEMA,J.]
asb/JAN14
Subhash s/o Anantgir Gosavi
Shivcharan s/o Tulshiram Fokmare
A.I.S. CHEEMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court