DASHRATH SHAMBHUBHAI PANCHAL Vs. AJAY J. TRIVEDI

JUDGEMENT

(1.) This application is filed under the provisions of Contempt of Courts Act , 1971 alleging that the respondent has deliberately and willfully violated the order passed by this Court in Special Civil Application No.16468 of 2003 and therefore appropriate proceedings be initiated against the respondents.

(2.) Heard learned advocate Mr.Acharya appearing for the applicant and learned advocate Mr.Dipak Dave appearing for the respondent.

(3.) Learned advocate Mr.Acharya appearing for the applicant submitted that the Industrial Tribunal passed an award on 16.1.2003 in Reference (IT) No.47 of 1992, by which the respondent was directed to absorb the applicant as Junior Assistant from 2.3.1987 and further direction was also given to pay all the consequential benefits to him. It is contended that the said order is challenged by the respondent by filing petition being Special Civil Application No.16468 of 2003. In the said petition, the interim order dated 15.4.2004 came to be passed whereby the present respondent was directed to implement the award qua absorption and posting of the present applicant in the cadre of Junior Assistant and at the time of final hearing of the said petition, the said order was complied with. Ultimately, the said petition came to be dismissed by the learned Single Judge of this Court by order dated 14.8.2012. The order passed by the learned Single Judge in the aforesaid petition was not complied with and therefore the applicant preferred Miscellaneous Civil Application (for contempt) No.2665 of 2013. During the pendency of the said Miscellaneous Civil Application, the respondent was directed to deposit Rs.7,16,125/- before the Registry of this Court. Ultimately, the said amount was permitted to be withdrawn by the applicant.