MAHENDRASINH RANUBHA GOHIL Vs. KANJIBHAI MAVSANGBHAI PARMAR

JUDGEMENT

(1.) The present contempt application has been filed seeking the following prayers : -

(2.) The applicant - original respondent No.1 of the captioned writ petition has filed the present application primarily seeking a prayer of implementation of the judgment and award dtd. 11/4/2014 passed by Presiding Officer, Labour Court, Bhavnagar in Reference (LCB) No.91 of 2008, which was assailed by the respondent - State authorities by way of the captioned writ petition. The Labour Court, Bhavnagar in the aforesaid reference, vide judgment and award dtd. 11/4/2014 had directed the respondent - State authorities to reinstate the applicant on his original post with continuity of service along with 30 % back wage. The respondent - State authorities assailed the same in the captioned writ petition, which was dismissed by the order dtd. 15/2/2023 by the learned Single Judge. Since the benefits of the award was not paid, the present applicant requested the respondent - State authorities to pay the same by his representation dtd. 7/3/2023. Since no benefits were paid arising from the judgment and award, the captioned contempt application has been filed by the present applicant - original respondent No.1. under the Contempt of Courts Act , 1971.

(3.) Learned advocate Mr.Vishal Thakker, appearing for the applicant has submitted that the respondent - State authorities is bound to implement and grant the benefits accrued from the award dated dtd. 11/4/2014 passed by the Labour Court after the writ petition filed by the State authorities has been dismissed vide order dtd. 15/2/2023. It is submitted that the aforesaid action of not granting the benefits of the judgment and award, even after dismissal of the writ petition is contemptuous and hence, it is urged that the contempt proceedings may be initiated against the respondent authorities for not implementing the judgment and award passed by the Labour Court.