V RADHAMMA GENERAL SECRETARY BHARATH MATHAWATCH ASSEMBLY UNIT EMPLOYEES UNION BANGALORE Vs. MANAGEMENT OF BHARATH MATHA WATCH ASSSEMBLY ANCILLARY UNIT BANGALORE

JUDGEMENT

(1.) By this application filed under Sections 11 and 12 of the Contempt of Courts Act, 1971, the applicant Union representing the workmen moves this Court to initiate contempt proceedings against the opposite party employer on the ground that the employer has wilfully disobeyed the order passed by this Court on 27-7-1994 in Writ Petition No. 2697 of 1993. In that petition the employer has challenged the award passed by the Industrial Tribunal directing reinstatement of the workmen. This Court, while staying operation of the award pending final decision of the petition, had directed the employer to comply with the provisions of Section 17-B of the Industrial Disputes Act. Three weeks time was granted to comply with the same.

(2.) What is contended on be half of the applicant is that even though the workmen have filed affidavits stating that they were not gainfully employed during the relevant period, the employer is not paying them their wages and thus it has committed civil contempt of this Court.

(3.) The order passed by the learned single Judge was challenged in appeal. The direction given to the employer was set aside as there was no material before the learned single Judge at that time to show that the workmen were not gainfully employed during the relevant period. It was only declared that notwithstanding the order of stay the employer is liable to comply with the provisions of Section 17-B. Now the Union has filed affidavits of workmen before the learned single Judge but it has not obtained a further order on the basis of those affidavits. In these circumstances, we do not think it proper to initiate contempt proceedings against the employer as it is well-settled that no one should be punished for contempt unless there is clear breach of the Court's order or direction.