SATNAM SINGH Vs. R K DUTTA

JUDGEMENT

(1.) BOTH these Contempt Petitions filed under Article 215 of the Constitution of India read with Section 12 of Contempt of Courts Act, 1971 have been taken up and heard together since common questions of fact and law are involved therein and the learned counsel for the parties have made same and identical submissions and are being disposed of by this common order. Facts Both the petitioners were working with Pamwi Tissues Limited, Barotiwala as Welder/ Fitters. Their services were terminated by the management and Government of Himachal Pradesh referred Industrial Dispute to the Labour Court under Section 10 of the Industrial Disputes Act, 1947 for its adjudication. The Labour Court quashed the termination of the petitioners as well as other co-workmen vide award dated December 7, 1996 and ultimate para granting relief to the petitioners by the Labour Court is reproduced as under:

(2.) FEELING aggrieved against the impugned awards of the Presiding Judge, the Management Pamwi Tissues Ltd. , filed three separate petitions in this Court. The writ petition in respect of petitioner Satnam Singh was registered as CWP No. 54/1997 and writ petition in respect of petitioner Shyam Singh was registered as CWP No. 52/1997. Both these writ petitions came up for hearing before a Division Bench of the Court and were finally dismissed on March 26, 1997. The copies of the judgments have been annexed with these proceedings as Annexure P1. The Division Bench ultimately concluded as under:

(3.) THE petitioners have contended in these proceedings that the finding regarding reinstatement of the workmen, payment of back wages and quashing of the entire inquiry against the workmen being wholly unsustainable etc. , were upheld by this Court. The award of the Labour Court was said to have been published in H. P. Rajpatra on April 5, 1997 and according to the averments made in these petitions, the petitioners were entitled to be reinstated with full back wages and arrears payable to them on account of back-wages are to be paid within one month without any interest and in case the same were not paid within 30 days from the date of the publication of the award, the petitioners were entitled to the interest @ 12% per annum from the date of dismissal.