VALSALAN T Vs. RAVINDRAN A K

JUDGEMENT

(1.) This contempt case is filed by a workman involved in an industrial dispute, the award in which was under challenge in the writ petition in which an order under Section 17-B of the Industrial Disputes Act was passed by me on August 8, 2006, directing the respondents herein to pay wages under Section 17-B of the Industrial Disputes Act to the workman involved in the industrial dispute, till the disposal of the writ petition. The allegation raised by the petitioner in the contempt case against the respondents is that, earlier, when Cont. Case (C) No. 1441/2006 for non-payment of arrears of 17B wages was filed, the respondents paid the amount when the Court was about to frame charges. But, thereafter, they did not continue to pay wages as directed in Section 17-B order. The petitioner therefore seeks initiation of proceedings under the Contempt of Courts Act for punishing the respondents for violation of the direction in Annexure A order.

(2.) The respondents oppose the contempt case on three grounds. The first is that the writ petition itself was disposed of by judgment dated June 6, 2008, in which it was found that since the bus in which the workman was employed had been disposed of, there was no point in ordering reinstatement and the Labour Court was directed to fix compensation as an alternate relief to the workman. According to the respondents, Annexure A order, which is an interim order in the writ petition, has merged with the judgment in the writ petition itself and insofar as the petitioner has not chosen to get his right to realise Section 17-B wages as per the order passed, reserved in the judgment, he cannot now separately initiate proceedings under the Contempt of Courts Act for violation of that order. The second is that the respondents have no means to pay the balance wages under Section 17-B insofar as the 1 st respondent is not employed but is only a manager of a school and the 2nd respondent is stated to be a primary school assistant drawing only about Rs. 8000/-p.m. Therefore, they claim to have no means to pay the amount directed to be paid and therefore there is no wilful disobedience of Annexure A order warranting initiation of proceedings for contempt. Lastly, the respondents would contend that Section 17-B of the Industrial Disputes Act contemplates a relationship of employer-employee which has been severed on account of the judgment in the writ petition itself. Therefore, there is no question of payment of 17-B wages any more.

(3.) In answer to the above contentions, counsel for the petitioner would point out that the right of the workman under Section 17-B of the Industrial Disputes Act is an independent right apart from the right under the award, which is under challenge in the writ petition and therefore it has to be complied with by the respondents, notwithstanding the disposal of the writ petition. Counsel for the petitioner would point out that the 1st respondent is the manager of an L.P. School which itself would go to show that he has means to pay the amounts as directed in Annexure A order. He further points out that the 2nd respondent being a L.P. School Assistant drawing more than Rs. 10,000/- per month as salary, there is no point in claiming that the respondents have no means to pay. He also points out that the 1st respondent and husband of the 2nd respondent are doing contract work together. Regarding the third contention, the petitioner would point out that the question of ceasing of employer-employee relationship does not arise in this case at all since the award has been passed recognising that relationship. There is no question of severing of the relationship once the writ petition is disposed of insofar as the award is concerned and consequently in respect of Annexure A order under Section 17-B until the date of disposal of the writ petition. Even otherwise, even if the writ petition is disposed of, the respondents are liable to pay unpaid wages under Section 17-B of the Industrial Disputes Act till date of disposal of the writ petition.