KISHORBHAI DAHYABHAI SOLANKI Vs. NAGJIBHAI MULJIBHAI PATEL

JUDGEMENT

(1.) In all these matters the common question hat arises for the consideration of this Court is: Whether filing of petition under Contempt of Courts Act, 1971 (hereinafter referred to as "Contempt Act") before this Court directly is the only remedy for the purpose of ensuring that the awards or the other orders passed by the Labour Courts or the Industrial Tribunal, as the case may be, are implemented? OR Are there provisions made under the Industrial Disputes Act, 1947 (hereinafter referred to as "I.D. Act") for ensuring the execution of awards or orders made by the Labour Courts or Industrial Tribunal?

(2.) Before we examine the various arguments raised by the learned counsel for the petitioners, it is necessary to consider certain basic facts which are stated in the petitions.

(3.) In all these petitions, the Labour Courts have passed the awards under the provisions of I.D. Act, and it is the contention of the petitioners that the awards are duly published as per the provisions of the I.D. Act and they have come into operation. It is also the contention of the petitioners that the respondent employers are aware about the awards passed by the Labour Courts and their publication. However, inspite of the same, the awards are not implemented inasmuch as, neither the workmen are reinstated by the employer nor any amount of back wages is paid to them. Under the circumstances, all these petitioners have approached this Court by preferring these contempt petitions under the Contempt Act so as to initiate the proceedings under the Contempt Act and to suitably punish them in accordance with law.