Sri G N Subramanyachar Vs Sr K v Ramakrishna

THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO INITIATE CONTEMPT OF COURTS PROCEEDINGS AGAINST THE ACCUSED FOR WILLFUL DISOBEDIENCE OF THE LAWFUL ORDER DATED 01.02.2021 PASSED BY THIS HON'BLE COURT IN W.P. NO.35377/2015 AND PUNISH THE ACCUSED IN ACCORDANCE WITH LAW, OR IN THE ALTERNATIVE PASS SUCH OTHER ORDER/S AS THIS HON'BLE COURT DEEM FIT TO HAVE PASS ON THE FACTS AND IN THE CIRCUMSTANCES OF CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and

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HON'BLE MR JUSTICE M.I.ARUN

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NC: 2025:KHC:3553-DB CCC No. 846 of 2024

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ORAL JUDGMENT

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(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

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It is in respect of the order dated 01.02.2021 passed by learned Single Judge in Writ Petition No.35377 of 2015 the contempt of Court is alleged.

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The writ petition was disposed of by learned Single Judge by order in which a settlement was recorded between the parties. The settlement inter alia provided that respondent No.1-the complainant herein had claimed Rs.4,00,000/- towards his backwages. The petitioner agreed that respondent No.1 would not be entitled to continuity of service and his regular employment was treated valid with effect from 18.08.2015.

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The settlement recorded that the terms arrived at were in full and final settlement of all dispute between the parties. The contempt petition in respect of the said order dated 01.02.2021 came to be filed on 07.08.2024.

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NC: 2025:KHC:3553-DB CCC No. 846 of 2024

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Section 20 of the Contempt of Courts Act, 1971 reads as under,

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"20. Limitation for actions for contempt.-No court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed."

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