MAHABIR PARSHAD Vs. NARESH KUMAR

JUDGEMENT

(1.) This is an appeal under S. 19 of the Contempt of Courts Act, 1971 (for short the Act) against the judgment passed by a learned single Judge of this Court in COCP No. 359 of 1986 whereby he convicted the appellant under S. 12 of the Act and sentenced him to simple imprisonment for 15 days and a fine of Rs. 2000.00. Indisputably, respondent-Naresh Kumar joined the service of M/s. Hissar Oil and General Mills, Delhi Road, Hissar as Electrician on 10-10-1973. His services were terminated without issuing any show cause notice. Reference under S. 10(I) of the Industrial Disputes Act, 1947 was made to the Industrial Tribunal, Haryana, Faridabad. During the pendency of the proceedings before the Industrial Tribunal, the workman and the management arrived at a settlement. The same is reproduced in the award dated 15/10/1979 and reads thus :-

(2.) The management allegedly did not obey the terms of the award. The workman moved a petition under S. 12 of the Act against S/Shri Kulwant Singh, Secretary-cum-Labour Commissioner, Government of Haryana, Chandigarh, Mahabir Parshad, Proprietor, M/s. Hissar Oil and General Mills, Delhi Road Hissar and R. S. Aggarwal, Labour Commissioner, Government of Haryana, Chandigarh.

(3.) The petition was mainly contested on behalf of respondent No. 2 Mahabir Parshad on the ground that the Industrial Tribunal is not a Court subordinate to the High Court in the sense in which it is understood in the Act and that the workman would enforce the award under the provisions of the Industrial Tribunal Act. Learned single Judge repelled the contention of respondent No. 2 and held him guilty for contempt and sentenced him under the Act as stated so. The order of the learned single Judge is under challenge in this appeal.