KESAR CHAND Vs. RAJAN NANDA AND ANOTHER

JUDGEMENT

(1.) Petitioner-Kesar Chand has filed the present contempt petition under Section 12 of the Contempt of Courts Act for initiating contempt proceedings against the respondents for deliberate non-compliance of order/judgment dated 23.09.2008 passed by this Court in CWP No.2422 of 1983.

(2.) The services of the petitioner were terminated by the management in the year 1980. Against said termination order, he approached the Labour Court, Faridabad. Vide award dated 14.10.1982, the reference was accepted and termination of services of the petitioner were held illegal and reinstatement with continuity of service was ordered along with back wages. Against said award, the management filed CWP No.2422 of 1983 before this Court, which was admitted and operation of award was stayed subject to compliance of Section 17-B of the Industrial Disputes Act, 1947 (for short 'the Act, 1947'). However, the petitioner was not taken back in service as payment of monthly wages was opted. However, after some time, the wages were also stopped on the pretext that the petitioner was gainfully employed somewhere else. Thereafter, vide order dated 23.09.2008, the writ petition was disposed of with direction and the petitioner was held entitled for 20% of the back wages from the date of discontinuance of his services till reinstatement except the period when the petitioner remained gainfully employed.

(3.) Against said judgment dated 23.09.2008, the petitioner filed LPA No.133 of 2009, which was dismissed by this Court on 14.12.2009. During this period, the petitioner had already retired from service and he approached the management for grant of entire claim and for release of amount of gratuity, provident fund etc. When no action was taken, the petitioner filed the present contempt petition on the ground that the respondent-management has deliberately not complied with the directions issued by this Court vide order dated 23.09.2008 passed in CWP No.2422 of 1983 and the contempt proceedings be initiated against the management.