ANNAMMA JOSE Vs. KENICHI AYUKAWA AND ORS.

JUDGEMENT

(1.) THE husband of the petitioner late C.V. Jose was an employee of the Maruti Suzuki India Limited (hereinafter referred to as the "company"). He was put under suspension on 12.12.1997 and dismissed from service on 26.04.2000. The statutory appeal filed by him before the Joint Managing Director of the company was dismissed on 30.09.2000. C.V. Jose raised an industrial dispute by serving a demand notice under Section 2 -A of the Industrial Disputes Act, 1947 (hereinafter referred to as the "Act") and sought reference to the Industrial Tribunal -cum -Labour Court -I, Gurgaon. On failure of the conciliation proceedings, the Appropriate Government made Reference No. 540 of 2002 regarding validity of the order of his dismissal from service. The Labour Court answered the reference against him vide award dated 23.07.2009, which was challenged by the petitioner by way of CWP No. 17254 of 2009 because in the meantime, C.V. Jose had expired in November, 2007. The said writ petition, filed against the award of the Labour Court, was allowed by the Single Bench vide order dated 09.07.2012. The relevant portion of the order dated 09.07.2012 reads as under: - -

(2.) THE petitioner filed COCP No. 245 of 2013 for the non -compliance of the order dated 09.07.2012 in which notice was initially issued on 30.01.2013 but ultimately the said petition was dismissed on 04.03.2013 because the order dated 09.07.2012 was stayed on 07.01.2013 in LPA No. 2175 of 2012. Thereafter, the LPA No. 2175 of 2012 filed by the company against the order dated 09.07.2012 was dismissed by the Division Bench on 21.01.2014 and the SLP (C) No. 12134 of 2014 filed by the company before the Apex Court was also dismissed on 25.07.2014. Consequently, the directions issued by the learned Single Judge on 09.07.2012 in CWP No. 17254 of 2009 became applicable. Thereafter, the petitioner served a legal notice dated 21.10.2014 upon the respondents for payment of Rs. 1,44,69,747/ - along with other benefits viz. provident fund, family pension, medi -claim policy etc. and since the demand raised by the petitioner was not met by the respondents, the present petition has been filed under Section 12 of the Contempt of Court Act, 1971 (hereinafter referred to as the "Contempt Act") read with Article 215 of the Constitution of India, 1950 for initiating action against the respondents for the alleged willful disobedience of the order passed by this Court on 09.07.2012.

(3.) BEFORE issuance of notice of motion in this petition, the Court had recorded the following order on 05.02.2015: - -