RAVINDRABHAI DAMJIBHAI BARAIYA Vs. ASHWIN J. VYAS

JUDGEMENT

(1.) When the matter is taken up for hearing, even in third call, learned advocate Mr. Thakker has not remained present and through another learned advocate at the fag-end requested to keep the matter back. However, present contempt petition is filed against order passed by learned Industrial Court/ Labour Court at Rajkot in Reference (IT) No.109 of 2001, whereby reference was partly allowed by issuing appropriate direction on 29/8/2022.

(2.) On perusal of the order which is alleged to have been violated is passed by learned Presiding Officer of Labour Court and as such in view of the decision delivered by the Coordinate Bench of this Court in the case of Muljibhai Bhurabhai v. Upendra Vyas reported in 2000 (3) GLR 2339, present contempt petition is not entertainable as it would not lie to the High Court. In an almost identical situation, Coordinate Bench of this Court while dealing with such issue has observed that award in question passed under the provisions of the Industrial Disputes Act is amenable for enforcement by virtue of Order- XXI of Code of Civil Procedure and sub-sec. (10) of Sec. 11 of the Industrial Disputes Act and in case of non-compliance of award, penal consequences are also provided under the Industrial Disputes Act and as such keeping in view said decision delivered by the Coordinate Bench of this Court in Misc. Civil Application No.989 of 2018 decided on 30/11/2021, we deem it proper not to entertain present contempt petition. Since we rely upon said decision, we deem it proper to reproduce relevant observations contained in paragraph 2 of the said decision hereunder:-

(3.) In view of the aforesaid circumstances, we are not inclined to entertain present contempt petition, however liberty is reserved to the applicant to pursue his grievance in accordance with law. With this observation, present contempt petition stands DISPOSED OF.