GOPALAKRISHNAN R Vs. MGMT OF BINNY LTD

JUDGEMENT

(1.) The present contempt application has been filed to punish the respondent under the Contempt of Court Act for its alleged wilful negligence and for not obeying the order of this Court passed in W.A. No. 1677 of 1997, dated March 30, 2001.

(2.) In our considered view, no case has been made out for initiating contempt proceedings against the respondent. By judgment, dated March 30, 2001, made in W.A. No. 1677 of 1997, while allowing the writ appeal in part, we have modified the Award of the Labour Court. The Labour Court ordered reinstatement of the appellant workman and in the writ appeal, me said direction has been modified and in lieu of reinstatement, we have directed the respondent-management to pay Rs. 2,00,000 towards all claim whatsoever. We have also granted two months time to the respondent-management to pay the said sum. It is in effect on award of the Labour Court as has been modified by this Court.

(3.) To enforce the award, definite procedures have been provided in the Industrial Disputes Act and it is for the applicant to approach the appropriate forum. The contempt application is not a substitute for execution or implementation of the award passed by the Labour Court as modified by this Court. This is not a fit case where the contempt proceedings could be initiated against the respondent.