T W HUDSON PRABHAKAR Vs. MR. SUVARNA RAJ

JUDGEMENT

(1.) The complainants have been working as drivers in different divisions of the respondent - Company, including the transport division. According to them, they were appointed as daily wage employees against permanent vacancies and were treated as casual labourers. They, along with others filed Writ Petition.Nos.20405-424/1997, seeking regularization of their services. The writ petitions were allowed on 30/07/2002 and a direction was issued to absorb them with certain benefits. The respondent - Company preferred Writ Appeal Nos.5402-5421/2002, which were dismissed as withdrawn by order dated 23/07/2009, on a memo filed by the respondent - Company, seeking withdrawal of the appeals. According to the complainants, as a result, the order passed in the writ petitions became final. A copy of the memo for withdrawal of the writ appeals is produced as Annexure "B" and the order passed thereon is at Annexure "C", to these contempt petitions.

(2.) The complainants thereafter, made representations to the respondent - Company, to consider their cases in accordance with the directions of the learned single Judge. That the complainants had filed an application to recall the order passed in the writ appeals, but the Division Bench did not grant any relief on the said application, which was disposed of by order dated 19/03/2015.

(3.) Being aggrieved by that order, complainants had preferred Special Leave Petition No.16776/2015, before the Hon'ble Supreme Court. The said Special Leave Petition was disposed of by order dated 08/07/2015, reserving liberty to the complainants herein to take appropriate proceedings for seeking enforcement of the judgment of the learned single Judge. The complainants thereafter, got issued legal notice dated 21/07/2015, to the respondent - Company, to which, respondent - Company replied on 06/08/2015. Thereafter, a rejoinder was also issued by the complainants on 26/08/2015, to which, there was a reply issued by the respondent - Company on 25/09/2015. Copies of the said communications are at Annexures "N", "P", "Q", "R", to these contempt petitions. It is in the aforesaid background that the complainants have filed these contempt of court proceedings, alleging disobedience of the order dated 30/07/2002, passed by the learned single Judge, in Writ Petition Nos.20405-424/1997.