NAMDEO MIRAJI SIRSAT Vs. SHRIKRISHNA ATMARAM THORAT

JUDGEMENT

(1.) In this Contempt Appeal filed under Section 19 of the Contempt of Courts Act, 1971 (for short, the Act of 1971) the judgment dated 12.08.2016 passed by the learned Single Judge in Contempt Petition No.322/2015 is under challenge. By the said judgment it was found that the appellant had wilfully disobeyed the directions issued by this Court in Writ Petition No.476/2008 in the matter of paying arrears of salary to the respondent. The Management including the appellant herein were imposed punishment of simple imprisonment for a period of four months and fine of Rs.2,000/-each, in default to undergo simple imprisonment for further period of fifteen days.

(2.) The present litigation has a checkered history and therefore it is necessary to refer to the same.

(3.) In Letters Patent Appeal No.63/2009 that was pending, the respondent moved an application bearing Civil Application (Z) No.103/2014 praying that the Management including the appellant be directed to comply with the directions to pay back wages from 01.01.2004 to 31.10.2008. In this civil application the Division Bench on 23.03.2015 directed the appellant as well as the Management of the Trust to abide by the directions issued in Writ Petition No. 476/2008 by depositing the amount of arrears of salary within a period of eight weeks from the date of the order. On 30.06.2015 the aforesaid period was extended by two more weeks. It was ordered that if such compliance was not made by the extended period, the appeal would stand dismissed. Ultimately on 13.07.2015 Letters Patent Appeal No.63/2009 came to be dismissed as the Management failed to comply with the directions issued on 23.03.2015 in Civil Application (Z) No.103/2014.