USHA RANI GUPTA Vs. STATE

JUDGEMENT

(1.) THE petitioner seeks initiation of criminal contempt proceedings and punishment to the respondents under the Contempt of Courts Act, 1971 on the ground that they have interfered with the due course and administration of justice by willfully and deliberately making false statements and suppressing documents to obtain the ex parte order dated 11. 08. 2006 thereby causing serious prejudice and irreparable injury to the petitioner. The petitioner also seeks action against the respondents under Article 215 of the Constitution of India in order to uphold the dignity of this Court.

(2.) THE petitioner is alleged to have joined the services of Hongkong and shanghai Banking Corporation as Lady Secretary. Later on she was appointed as a senior Confidential Secretary. The Banking Corporation is alleged to have reviewed its working norms. Revised working norms were offered to the petitioner which were declined by her and consequently her services are alleged to have been terminated with effect from 1st October, 2005.

(3.) THE petitioner raised disputes under the Industrial Disputes Act. During the pendency of her reference she sought an interim relief. The industrial Adjudicator by his order dated 30th June, 2006 directed the Banking corporation to make payment of Rs. 30,000/- per month to the petitioner during the pendency of the reference. While awarding the interim payment of rs. 30,000/- per month, the Industrial Adjudicator relied on the allegation of the petitioner that despite being posted as a staff officer with a substantial salary, she did not do any work of a managerial, supervisory or administrative nature and she had been performing clerical duties all along. Reliance was also placed on the email dated 9th September, 2005, a copy of which was filed by her before the Central Government Tribunal-cum-Labour Court (Industrial Adjudicator)along with her rejoinder to the written statement of the Corporation.