WASUDEO SITARAMJI MAHALLE Vs. GAJANAN LAXMANRAO PECHE

JUDGEMENT

(1.) The order passed by the learned Single Judge on 11/01/2016 in Contempt Petition No.79/2015 thereby recording a prima-facie finding that the appellants were liable for action under Sec. 10 read with Sec. 12 of the Contempt of Courts Act, 1971 and also under Article 215 of the Constitution of India coupled with the further order of framing charges against the appellants is the subject matter of challenge in this contempt appeal filed under Sec. 19 of the Contempt of Courts Act, 1971 (for short, 'the Act of 1971 ').

(2.) Relevant facts leading to the filing of the present proceedings are that the respondent no.1 was engaged as a 'Junior College Teacher ' that was being managed by Shri Sudhakarrao Gram Vikas Pratisthan, Dangargaon of which the appellant no.1 is the Secretary. The respondent no.1 rendered services at Vivekanand Junior College of which the appellant no.2 is the Head Master. On 27/11/1998 the services of the respondent no.1 were terminated. This order of termination was challenged by filing an appeal under Sec. 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (for short, 'the Act of 1977 '). The learned Presiding Officer of the School Tribunal by his judgment dated 07/02/2007 allowed the said appeal and after setting aside the order of termination, it was directed that the respondent no.1 be reinstated in service and also be paid back wages from 27/11/1998 till his reinstatement within a period of 60 days. This judgment of the School Tribunal was challenged by the Management and the Junior College in Writ Petition No.974/2007 which came to be dismissed summarily on 15.01.2008.

(3.) Since the judgment of the School Tribunal was not complied with, the respondent no.1 filed criminal complaint before the learned Judicial Magistrate First Class by invoking the provisions of Sec. 13 of the Act of 1977. The learned Magistrate by his order dated 05.07.2014 convicted the appellants for the offence punishable under Sec. 13 of the Act of 1977. They were sentenced to pay a fine of Rs.50,000/- each, in default to suffer simple imprisonment for a period of one month. The respondent no.1 then approached the School Tribunal on 16/12/2014 raising a grievance that despite the judgment of the learned Magistrate on 05.07.2014, the appellants had refused to reinstate the respondent no.1 and pay him his back wages. These proceedings were stated to be under Sec. 13 of the Act of 1977.