ASHFAQUE AHMED MOHAMMED HUSSAIN Vs. ADAM SHAIKH

JUDGEMENT

(1.) HEARD Mr. Kudle, learned counsel for the petitioner and Mr. Kumbhakoni, learned counsel for respondent No.1.

(2.) THIS contempt petition has been filed by the petitioner seeking action under Contempt of Courts Act against the respondent for wilful and deliberate breach of the order passed by this Court on 29.9.1999 in contempt petition No. 186/1999 and also the order of the School Tribunal dated 1.12.1998 by not paying the complete back wages to the petitioner till date.

(3.) THE petitioner in the contempt petition has averred that he was employed with the National Education and Social Trust as an Assistant Teacher. However, his services were terminated by the management of the said trust by an illegal order dated 27.3.1995 with effect from 30.4.1995. The petitioner challenged the said termination order before the School Tribunal, Pune Region, Solapur in appeal No. 66/1995. The School Tribunal by its order dated 1.12.1998 declared the termination order dated 27.3.1995 effective from 30.4.1995 illegal and directed the employer - trust to reinstate the petitioner with back wages. Two months time was granted to the employer - trust for payment of back wages. The order passed by the School Tribunal came to be challenged before this court by the employer - trust in Writ Petition No. 5303/1999 and the said Writ Petition was rejected. The matter was carried to the Supreme Court by the management - trust by filing special leave petition which also came to be dismissed on 24.1.2000. Thus, the order of School Tribunal dated 1.12.1998 holds the field. There is no dispute that the petitioner has been reinstated. The dispute is with regard to non -payment of back wages from the date of termination till he was reinstated. The petitioner filed contempt petition earlier which was registered as contempt petition No. 186/1999. A statement was made before this court that the payment of Rs. 50,000/ -will be made within a fortnight and the balance amount of back wages. would be paid in two instalments within a period of 6 months. In view thereof, the contempt petition was disposed of on 29.9.1999. The sum of Rs. 50,000/ - towards back wages was paid by the employer - trust to the petitioner on 13.10.1999. Thereafter no amount towards back wages has been paid and as a result thereof, the present contempt petition has been filed.