NATIONAL TEXTILE CORPORATION (WEST BENGAL, ASSAM, BIHAR & ORISSA) LTD & ORS. Vs. SHRI S.K. AGNIHOTRI & ORS.

JUDGEMENT

(1.) The Contempt of Court Act, 1971 has been engrafted in the Statute Book only for the purpose of bringing in a feeling of confidence of the people in general that violation of the orders of court would not go unheeded. It is a statute which provides that if order of the courts are disobeyed, Law Courts have the power to punish the offender. It is undoubtedly a powerful weapon in the hands of the Courts but it must not be exercised without proper caution and in cases for the larger interest of the administration of justice and the Contempt of Court Act has been enacted in order to strike a balance between the rights of as individual and the interest of administration of justice. Sec. 2(b) of the Contempt of Court Act, 1971 has used the expression "wilful disobedience or wilful breach". The Act, therefore, recognised as Act of contempt only in the event of there being a wilful disobedience. The issue, therefore, in the present context is, as to whether there is any wilful disobedience of the order of this Court

(2.) It is at this juncture that the facts ought to be dealt with before proceeding further in the matter.

(3.) The applicants moved an application under Art. 226 of the Constitution of India being C. R. No. 692(W) of 1983 against the National Textile Corporation (W. B. A. B. & O.) and others having a grievance that the staff and sub-staff working at the mill premises are being discriminated against the staff and sub-staff on the Head Office. This Court on 21st March, 1986 disposed of the above noted writ application with the following observations:-