A.K. JAYAPRAKASH Vs. S.S. MALLIKARJUNA RAO

JUDGEMENT

(1.) These contempt petitions have been preferred alleging non-compliance of the directions issued by this Court dtd. 17/1/2018 while dismissing the Civil Appeal Nos. 6732-6733 of 2009, whereby the respondent- Bank was directed to release the outstanding dues payable to the Petitioner within a period of three months as ordered by the High Court.

(2.) The brief facts leading to the filing of the present contempt petitions are that the Petitioner - A.K. Jayaprakash was working as the Manager with the Nedungadi Bank Ltd. He was dismissed from service on the grounds of certain irregularities in the sanctioning of loans, overdrafts, cheques discounting, and delay in reporting. The dismissal was challenged before the Deputy Commissioner of Labour under the Tamil Nadu Shops and Establishment Act, 1947. The Deputy Commissioner of Labour, Tirunelveli set aside the dismissal order and reinstated the Petitioner - A. K. Jayaprakash.

(3.) Challenge to this decision was made before the Madras High Court by the Bank on the plea that the Labour Commissioner should not have proceeded to decide the matter being beyond the period of limitation, and the said plea/ground taken has not been decided. This led to the remand of the matter to the Labour Commissioner for fresh decision with the direction to decide the issue of delay first and thereafter the merits.