Petitioners were approached for contempt of court for allegedly ignoring a direction to pay wages. The court held that due to a subsequent government order denying liability, there was no deliberate disobedience, dropping the proceedings.
Contempt proceedings dropped; liberty reserved to question the Principal Secretary's order dated 11.8.2006.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU &
THE HONOURABLE MR. JUSTICE K.T.SANKARAN
TUESDAY, THE 17TH JULY 2007 / 26TH ASHADHA 1929
Con.Case(C).No. 1150 of 2006(S)
------------------------------AGAINST THE JUDGEMENT IN COC.693/2005 Dated 16/03/2006
PETITIONERS:
CLERICAL ATTENDER, S/O. AYYAPPAN, AGED 47 YEARS, POOKKOT GIRIJAN COLLECTIVE FARMING CO-OP.SOCIETY LTD.NO.2308, POOKKOT, WAYANADU.
PEON, W/O. JOSE, VANANDAN, AGED 46 YEARS, POOKKOT GIRIJAN COLLECTIVE FARMING CO-OP.SOCIETY LTD. NO.2308, POOKKOT, WAYANADU.
CONT.CASE (C) 1150/2006
-2-
WATCHMAN, S/O.K.P.KRISHNAN NAIR, AGED 58 YEARS, POOKKOT GIRIJAN COLLECTIVE FARMING CO-OP.SOCIETY LTD.NO.2308, POOKKOT, WAYANADU.
WATCHMAN, S/O. RATHIVALLY, AGED 56 YEARS, POOKKOT GIRIJAN COLLECTIVE FARMIING CO-OP. SOCIETY LTD.NO.2308, POOKKOT, WAYANADU.
MILKER, S/O. KURIAKOSE, AGED 53 YEARS, POOKKOT GIRIJAN COLLECTIVE FARMIING CO-OP.SOCIETY LTD.NO.2308, POOKKOT, WAYANADU.
BY ADV. SRI.P.P.JACOB
RESPONDENTS:
BY SPL. GOVERNMENT PLEADER SRI C.T.RAVIKUMAR
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 17/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
H.L. DATTU, C.J. & K.T. SANKARAN, J.
---------------------------------------------------------- Cont. Case (C) No. 1150 of 2006
----------------------------------------------------------- Dated, this the 17th day of July, 2007
JUDGMENT
H.L. DATTU, CJ.
The complainant is before us in this contempt petition filed under section
12 of the Contempt of Court Act inter alia bringing to our notice that the respondents have disobeyed the orders and directions issued by this court in Cont. Case (C) No.693 of 2005 dated 16th March, 2006.
“Therefore, this C.C.C. Is closed with a direction to the respondents to see that the petitioners are paid their wages for the actual days they worked during the pendency of the scheme for retrenchment. The above direction shall be complied with within a period of two months from the date of production of a copy of this judgment.”
Cont.Case (C) No.1150/2006
2
Principal Secretary to the Government of Kerala dated 11.8.2006 before the appropriate forum. Ordered accordingly.
H.L. DATTU, CHIEF JUSTICE.
K.T. SANKARAN, JUDGE.
mt/
2 issues framed by the court
Whether the petitioners committed contempt of court for refusing to comply with directions to pay wages.
Whether a subsequent order by the Principal Secretary denying liability negates deliberate disobedience of the court order.
1 provisions across 1 enactments
C. Sobhana
J.K. Jayaprakasi
K.V. Mathew
C.K. Kumaran
K.K. Baburajan
A.M. Divakaran
H.L. Dattu
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
