BHARAT SINGH BAGHEL Vs. OMPRAKASH

JUDGEMENT

(1.) These petitions instituted under the provisions of the Contempt of Courts Act are being considered together since the facts are intricately connected and they relate to matters attendant to management of Singhi Collieries Education Society.

(2.) We have heard the learned counsel for the petitioners in Contempt Case No.401 of 2015 and the learned counsel for the petitioners in Contempt Case No.431 of 2015. We have also heard the learned Senior Counsel appearing for the respondents in these cases, who represent the South Eastern Coalfields Limited, which is a Government of India Company.

(3.) The sum and substance of these cases revolve around the eligibility or otherwise of the teachers of a School run by Singhi Collieries Education Society, to be paid salaries at par with the State Government teachers and the manner in which the funds have to be generated to satisfy such obligations of the management. It appears that through different litigations even before this Court, issues came to be settled, including as regards the liability of the Society to pay its teachers at par with the emoluments of the teachers in the State Government. The remaining issue that was dealt with related to ways and means of finding amounts to satisfy the requirement to make such payments. It appears that there was an award passed by the Labour Court and certain other proceedings by which revenue recovery proceedings were initiated. The Society or the South Eastern Coalfields Ltd. was successful in obtaining orders in writ jurisdiction interfering with the decisions of the Labour Court, but during the pendency of the writ petitions or writ appeals, the management and the teachers who were before this Court had arrived at a Memorandum of Understanding (hereinafter referred to as 'the MOU' in short) dated 06-04-1995, modified on 29-03- 1995. This Court recognised the existence of the said MOU and apparently made it obligatory on the part of the employer to abide by the terms of the MOU. Collateral obligations on the teachers to stand by the MOU was also pointed out.