Order dismissing multiple contempt petitions filed by workmen alleging willful disobedience. The Court held that no case of contempt was made out as there was no specific direction in the interim order in the respective writ petitions requiring reinstatement or payment, despite the vacating of the stay.
All contempt petitions are dismissed.
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.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CONT No. 702 of 2017
Shailesh Kumar Sahu S/o Shri S. B. Sahu, Aged About 37 Years Ex. Gage Reader, R/o Behind I. B. Road, Ward No. 18, P. S. And Tahsil Janjgir, District Janjgir Champa Chhattisgarh. , Chhattisgarh
---- Petitioner
Versus
---- Respondents
CONT No. 3 of 2018
Viriksha Ram S/o Shri Ram Prasad Kashyap, Aged About 45 Years Ex. Helper, R/o Avarid, Post Semara, Police Station Navagarh And Tahsil Nawagarh, District Janjgir-Champa, Chhattisgarh, Chhattisgarh
---- Petitioner
Versus
---- Respondents
CONT No. 26 of 2018
Ramcharan S/o Late Paras Ram Shrivas, Aged About 49 Years R/o Village Kapan, Tahsil Akaltara, Police Station Naila, District JanjgirChampa, Chhattisgarh, Chhattisgarh
---- Petitioner
Versus
---- Respondents
CONT No. 27 of 2018
Maniram S/o Moti Lal Sahu, Aged About 42 Years Ex.Side Helper, R/o Village Semara, P.S. And Tahsil Nawagarh, District JanjgirChampa, Chhattisgarh, Chhattisgarh
---- Petitioner
Versus
---- Respondents
CONT No. 55 of 2018
Dayaram S/o Shri Sudarshan Aged About 40 Years Ex. Helper, R/o Avarid, Post Semara, Police Station Navagarh And Tahsil Nawagarh, District Janjgir-Champa, Chhattisgarh, District : JanjgirChampa, Chhattisgarh
---- Petitioner
Versus
Janjgir-Champa, Chhattisgarh
---- Respondents
CONT No. 56 of 2018
Jagatram S/o Shri Jugulram Sahu Aged About 50 Years Ex. Helper, R/o Semara, Post Semara, Police Station And Tahsil Nawagarh, District Janjgir-Champa, Chhattisgarh, District : Janjgir-Champa, Chhattisgarh
---- Petitioner
Versus
---- Respondents
CONT No. 67 of 2018
Nammu Prasad Dhiwar S/o Shri Jethuram Aged About 48 Years Ex. Labour , R/o Avarid, Po-Semara, Ps And Tahsil Nawagarh, District Janjgir Champa (Chhattisgarh), District : Janjgir-Champa, Chhattisgarh
---- Petitioner
Versus
---- Respondents
For petitioner : Mr. Vinod Deshmukh & Mr. KPS Gandhi, Advocates. For State : Mr. Satish Gupta -----------------------------------------------------------------------------------------------
Hon'ble Shri Justice Manindra Mohan Shrivastava
Order on Board
05/03/2018
Learned counsel for the applicant would further submit that letters which has been issued to individual applicants and which are identical in its contents, are against the spirit of order passed by this Court in each of the petitions vacating earlier stay order which was passed in favour of the State.
intention to flout any order of the Court. He would submit that officers on his own understanding of the provision contained in Section 17(B) Industrial Dispute Act, issued letters only to fecilitate payment of wages. In any case, it is argued, unless there is specific direction by the Court, it cannot be said that vacating of stay would oblige Respondent authority to reinstate the employee where the award is executable.
However, there was no positive direction by this Court to respondents to reinstate the workmen or pay monetary benefits. A claim under the law may be enforceable in the Court and even assuming that the workmen are entitled to payment of last wages drawn subject to fulfillment of statutory requirement incorporated under Section 17(B) of the Industrial Dispute Act, in the absence of there being any such direction in the order vacating interim order, in my considered opinion, no case of contempt is made out. The contempt petitioners are left to workout their remedy to seek either reinstatement in service or for payment of last wages drawn under Section 17(B) of the Industrial dispute Act either in the pending writ petitions or before the executing Court. All contempt petitions are accordingly dismissed.
Sd/-
(Manindra Mohan Shrivastava)
Judge
Rohit
2 issues framed by the court
Whether failure to reinstate workmen after vacating stay on interim orders constitutes willful disobedience inviting contempt proceedings.
Whether absence of specific direction in the vacating order obligates the authority to reinstate employees or pay wages.
Varksha Ram
Shailesh Kumar Sahu
Ramcharan s/o Late Paras Ram Shrivas
Maniram s/o Moti Lal Sahu
Dayaram s/o Shri Sudarshan
Jagatram s/o Shri Jugulram Sahu
Manindra Mohan Shrivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
