C.SUBRAMANIAN Vs. THIRU V. GUNASEKARAJI

JUDGEMENT

(1.) Heard. The petition alleges wilful disobedience of the order dtd. 20/3/2025 in W.P. No. 19503 of 2020.

(2.) The underlying dispute arises from an order of reinstatement passed by the Labour Court which, on challenge, stood confirmed/modified by this Court. The present grievance, in substance, is to secure implementation of the order passed by this Court.

(3.) The settled position is that when this Court confirms or modifies an award of the Labour Court, it yet remains an award of the Labour Court as so modified. Non-implementation of such award does not, by itself, found contempt; the appropriate remedy is execution under the Industrial Disputes Act before the jurisdictional Labour Court. Contempt is not a substitute for execution and the said position was settled in the Judgment of the Division Bench of this Court in R. Gopala Krishnan v. Management of Binny Ltd., Chennai, [2001 (4) LLN 854].