Court closed a contempt case alleging violation of a writ order regarding casual labor engagement. The respondent admitted compliance contingent on a modified office memorandum regarding their powers to engage casual laborers.
The present contempt case is closed upon recording of undertaking.
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.
THE HON'BLE SRI JUSTICE K.G.SHANKAR
CONTEMPT CASE No.683 of 2012
Date:08.03.2013
Between:
Mulla Mohamed Zakriya
..... Petitioner.
AND
Sri Gopi, The District Manager, Nellore Telecom District, SPSR Nelloore District and another.
.....Respondents.
The Court made the following :
THE HON'BLE SRI JUSTICE K.G.SHANKAR
CONTEMPT CASE No.683 of 2012
ORDER:
This petition is laid alleging that the 2nd and 3rd respondents in W.P.No.17243 of 2000 on the file of this Court committed Contempt of Court violating the order of the Court dated 10-12-2010. This Court directed the
respondents in the writ petition to implement the orders of the Industrial Tribunal by engaging the services of the petitioner as casual labourer subject to availability of work. Contending that the respondents have not implemented the order, the present Contempt Case is laid.
The respondent filed a counter stating that the Department of Telecom issued an Office Memorandum on 12-02-1999 withdrawing the powers of all DOT officials to engage the casual labourer either on monthly basis or on daily basis and that no labourer was appointed subsequent to February 1999.
The learned counsel for the respondents submitted that in the event the Office Memorandum referred to is modified empowering the District Managers and Divisional Managers to engage the services of the casual labourer, the respondents would abide by the directions of the Court by appointing the petitioner as a casual labourer depending upon the workload and availability of vacancy.
Recording the undertaking that the petitioner would be absorbed as casual labourer subject to availability of work in the event the Department of Telecom withdrawn the Office Memo dated 12-02-1999, this Contempt Case is closed.
_________________________ JUSTICE K.G.SHANKAR
Date:08.03.2013
mrb
2 issues framed by the court
Whether to close the contempt case after recording an undertaking for future employment
Interpretation of the Office Memorandum dated 12-02-1999 regarding casual labor engagement
Mulla Mohamed Zakriya
Sri Gopi
K.G. Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
