THE PROJECT MANAGER Vs. K.O. POULOSE

JUDGEMENT

(1.) Heard learned counsel for the appellant. This Contempt Appeal has been filed against the judgment dated 02.06.2014 in Contempt Case (C) No.454 of 2014 by which the learned Single Judge has closed the contempt proceedings observing that no case has arisen for initiating contempt of court proceedings.

(2.) The Contempt Appeal has been filed by the appellant under Section 19 of the Contempt of Courts Act, 1971 as well as Section 5 of the Kerala High Court Act, 1958. An objection has been raised by learned counsel appearing for the respondent that this Contempt Appeal is not maintainable. Before we proceed to examine the issue and answer, it is necessary to note the nature of the order passed by the learned Single Judge in Contempt Case.

(3.) The contempt appeal was filed by the petitioner alleging non-compliance of the judgment dated 06.12.2013 in W.P.(C) No.37321 of 2010 filed by a Union and two workers. The Writ Petition was disposed of in terms of the out of court settlement. In the contempt proceedings it is alleged that the terms of settlement are not strictly or completely complied with. Learned Singe Judge did not proceed with the contempt proceedings and contempt proceedings was closed.