S RAVEENDRANATH KAMATH Vs. VIKRAM A DHOLAKA

JUDGEMENT

(1.) AS per judgment dated 18-9-2006 in O.P.23715/1999 this Court has directed the respondent to pay the dues to the petitioner within a period of three months from the date thereof. The writ petition had been filed by the petitioner challenging an award passed by the Labour Court, Ernakulam in I.D.78/1998. AS per the award, the workman was directed to be reinstated in service, with 50% back wages. It is the said amount that has been directed to be paid by this Court in the judgment referred to above. The complaint of the petitioner is that the said direction of this Court has still not been complied with.

(2.) ACCORDING to the respondent, the entire back wages as ordered by this Court has already been paid. It is also admitted in this petition that on 4-6-2007 an amount of `46,283.30 was paid by the management. ACCORDING to the petitioner, apart from the amount already paid additional amounts are due by way of interest. Therefore, according to the petitioner, the direction of this Court has not been complied with in full.

(3.) WITH the available evidence on record, it is not possible for me to ascertain whether any further amounts as claimed by the petitioner is due and payable in terms of the award of the Labour Court, as confirmed by this Court. The said issue would have to be thrashed out in appropriate proceedings to be instituted by the petitioner before the Labour Court. Since the payment as directed by this Court has already been made, I am not satisfied that there is any scope for taking any further action in this contempt case. If the petitioner has any further grievance in the matter, it is up to the petitioner to move the Labour Court by a proper petition under the provisions of the Industrial Disputes Act, 1947. This contempt case is in the above circumstances closed.