GUJARAT MAZDOOR SABHA Vs. AJAI DAS MEHROTRA

JUDGEMENT

(1.) The present contempt proceeding has been initiated for alleged violation of the order dtd. 17/12/2019 passed in Special Civil Application No.4643 of 2019 contending, inter alia, that respondents have willfully disobeyed the order passed as aforesaid. While issuing notice on 1/9/2020, this Court has made it abundantly clear notice was being issued to only respondent No.2. Thus, continuation of proceedings against respondent No.1 is unwarranted and it stands dropped.

(2.) Insofar as the alleged direction issued in the aforesaid Special Civil Application directing respondent No.2 to do a particular thing in a particular manner has been examined by us and it would not detain us for too long to brush aside the contention raised by learned counsel appearing for the complainant for these reasons more than one. Firstly, Special Civil Application was not entertained and the complainant was relegated to have recourse to efficacious remedy available. In paragraph 28 of the order passed in Special Civil Application No.4643 of 2019, it has been observed by the learned Single Judge as under:

(3.) However, said observations did not crystallise into direction being issued to respondent No.2 and said respondent has not been directed to allocate any work to the complainant. As such, we are of the view that there is no willful disobedience of the orders by the respondent No.2. Be that as it may. The contract between respondent No.1 and respondent No.2 having come to an end on 30/6/2020, respondent No.2 is taking umbrage to contend that they could not provide employment to the complainant. In fact, this is an issue which is now seized before the State Labour Commissioner (Central), Ahmedabad and Conciliation Officer under the Industrial Disputes Act , 1947 which is an offshoot of the demand notice raised by the complainant with its charter of demands as to whether the complainant's members are permanent workmen of Income Tax Department for being treated as such when the contract was entered into by the Income Tax Department, Rajdeep Enterprise are all subject matter of conciliation proceedings. Any opinion expressed by us would definitely prejudice to the rights of either of the parties and even otherwise, the said adjudication cannot be done in an contempt proceeding. Hence, we desist from embarking upon conducting any roving inquiry in that regard.