A SACHIDANANDAM MACNEIL AND MAGOR KILBURN GROUP COMPANIES EMPLOYEES UNION, REP BY ITS GENERAL SECRETARY Vs. S SRINIVASAN

JUDGEMENT

(1.) THIS contempt petition has been filed to punish the first respondent Mr.S.Srinivasan, for having committed comtempt of Court for willfully disobeying the order and direction issued by this Court in W.A.No.1031 of 2004, dated 30.04.2004.

(2.) THE writ appeal was filed by the first respondent, contemnor and M/s.Kilburn Electrical Limited against the order passed by the learned Single Judge in W.P.No.14028 of 2002, dated 23.12.2003, wherein a direction was issued to the respondents 2 to 4 therein including the first respondent/first contemnor, to implement the award of the Industrial Tribunal in complaint No.17 of 1999, dated 9.08.2001. THE writ petitioner was Macneil and Magor Kilburn Group Companies Employees Union, represented by its Secretary. THE petitioner in this contempt petition is the Secretary of the said employees Union.

(3.) BEFORE the Tribunal, Kilburn Electrical Limited and Kilburn Starters Ltd., the respondents 2 & 4 before the Tribunal filed counter affidavit. It is contended that the first respondent herein, Mr.S.Srinivasan acted as per the instructions of the Macneil and Magor Ltd., who are lawful owners and employers including himself and denied that he could be the management. It is further stated that the first respondent herein sought for retirement from Macneil and Magor Ltd., and he as well as other senior executives were all placed as Directors of Macneil and Magor Ltd., ceased to be Directors in the said companies.