DEVARAJ Vs. DISTRICT COMMISSIONER BANGALORE

JUDGEMENT

(1.) WITH the consent of both sides, the matter is heard for final disposal.

(2.) THE complainant, as the General Secretary of Bharthiya Majdoor sangha, had filed writ petition No-,10178/2005 against the Deputy commissioner, Bangalore Urban, Bangalore to recover from the employer, the Management of Dominion Chemical Industries Limited, Bommanahalli, bangalore 560 068, the amount of gratuity, ad decided by the Authority under the Payment of Gratuity Act, in terms of the order dated 28. 10. 2004. After hearing the learned Counsel for the parties and taking into consideration the submission made by the learned High Court Government pleader that, the Deputy Commissioner (District Commissioner) would immediately take action in accordance with law, to recover the money from the employer in terms of the order dated 28. 10. 2004 passed by the Authority under the Payment of Gratuity Act, the writ petition was allowed in part, by an order dated 23. 2. 2005 and a direction was issued to the District commissioner, Bangalore Urban to recover from the employer, the gratuity amount due to the workmen, as determined by the Authority, within a period of 4 weeks. A representation was submitted by the complainant on 6. 8. 2007 to the respondent/accused, to give effect to the said order. Alleging willful disobedience of the aforesaid order of this Court, this contempt petition has been filed to initiate civil contempt proceedings against the respondent.

(3.) THE respondent filed counter affidavit dated 14. 3. 2008, with annexures-R1 and R2. The complainant filed rejoinder statement on 2. 6. 2008. The respondent filed another counter affidavit dated 17. 6. 2008. IA No. 2/2008 was filed by the respondent to recall the order dated 18. 6. 2008, whereby the case had been posted for framing of charges. The deputy Commissioner, Bangalore Urban, Bangalore has also filed an affidavit dated 8. 8. 2008.