MOHIT ELECTRONICS Vs. WORKMAN TAHIR HUSSAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order dated 18.01.2012 passed by a learned Single Judge of this court in CM No.21618/2010 and WP(C) No.6284/2004 whereby the writ petition of the appellant herein was dismissed on the ground that there was non -compliance of an order passed under Section 17B of the Industrial Disputes Act, 1947 inasmuch as the allegation was that the appellant had not complied with the said order by not paying wages to the respondent from August 2008 onwards. By virtue of the impugned order contempt proceedings were also initiated and the appellant's proprietor Mr Ravinder Kumar who was present in court on the date on which the impugned order was passed was directed to show cause as to why he be not proceeded against for having committed contempt of court.

(2.) THE learned counsel for the appellant submitted that non -compliance of an order passed under Section 17B of the said Act could not, ipso facto, lead to dismissal of the writ petition and, secondly, contempt proceedings could also not be initiated inasmuch as the respondent had the remedy under Section 33C(2) of the said Act. The learned counsel also drew our attention to that part of the order where his submission had been recorded. The said portion reads as under : -

(3.) IN view of clear enunciation of the settled principles, the writ petition could not have been dismissed merely because there was non -compliance of an order passed under Section 17B of the said Act. Furthermore, such non -compliance could also not lead to the initiation of contempt proceedings. Consequently, following the said decision in the case of Gurcharan Singh (Supra) we allow this appeal and set aside the impugned order dated 18.01.2012 and remit the matter to the learned Single Judge for a decision in accordance with law. The respondent has a remedy under Section 33C(2) of the said Act which he may pursue, in accordance with law.