ROOP SINGH Vs. RAMESH C KAPOOR

JUDGEMENT

(1.) THE present contempt petitions are preferred by the petitioners/workmen against the respondent/proposed contemnor, petitioner in WP (C) No. 6527/2001, stating inter alia that the latter is in contempt of the order dated 17th March, 2005 passed in the aforesaid writ petition directing him to pay the petitioners/workmen minimum wages from the date of passing of an award dated 5th June, 2000 by the Labour Court, till disposal of the writ petition, and that as the disobedience on the part of the respondent/proposed contemnor is willful, he is liable to be punished for contempt of Court. Notice was issued on the petitions on 8th December, 2005.

(2.) A perusal of the record shows that on 21st February, 2006, the respondent/proposed contemnor had offered to take the petitioners in employment. Vide order dated 24th August, 2006, the petitioners were given liberty to approach the respondent/proposed contemnor and it was recorded that they shall be given employment at the wages not less than minimum wages. Thereafter, there arose a dispute inter se the parties with regard to joining duty. While the stand of the petitioners is that they repeatedly reported for duty, the stand of the respondent/proposed contemnor is that nobody turned up to join duty.

(3.) COUNSEL for the petitioners contended that the respondent/proposed contemnor has not shown his bona fides till date and that apart from paying a paltry sum of Rs. 5,000/- to Sh. Roop Singh and rs. 7,000/- to Ms. Roshama Varghese on 29th March, 2006, he has not shelled out a penny thereafter and thus it is a clear cut case of willful disobedience of the order dated 22nd November, 2005. He pointed out that as on 31st July, 2007, Sh. Roop Singh was entitled to receive Rs. 2,48,308/- whereas ms. Roshama Vaghese was entitled to receive Rs. 2,86,751/- towards arrears of wages.