SHYAMAL KUMAR GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been fiied for initiating a proceeding of contempt against opposite party for non -compliance of the order dated 10th of March, 2000 passed in C.W.J.C. No. 7198 of 1998.

(2.) SHORT facts giving rise to the present application are that the petitioner was an employee of Modi Threads Limited. He was dismissed from service by order dated 25.8.1994. He challenged the order of his dismissal by filing an application under section 26(2) of Bihar Shops and Establishment Act, which was registered as BSE Case No. 44 of 1994. The Presiding Officer, Labour Court, and the authority under the Bihar Shops and Establishment Act, by order dated 9.4.1997, found the order of dismissal to be illegal, unjust and also against the principle of natural justice and directed for reinstatement of the petitioner in service with full back wages and other consequential benefits. The Modi Threads Limited, hereinafter referred to as 'employer ' challenged the said order before this Court in a writ application which was registered as C.W.J.C. No. 7198 of 1998 (Modi Threads Limited vs. The State of Bihar & ors.) It is relevant here to state that in respect of certain other employees, against the award of reinstatement, the employer had preferred C.W.J.C. No. 3548 of 1996 (Modi Threads Limited vs. The State of Bihar & ors.).When the matter was taken up on 10.2.1998, the counsel representing the workmen in the said case, stated before the Court that they are ready to accept their back wages without their reinstatement in service which was agreed to by the counsel representing the employer. On the basis of aforesaid, this Court directed as follows:

(3.) IT is the grievance of the petitioner that he has not been paid the back wages till the date of its payment and as such, the opposite party have exposed themselves for punishment for disobedience of the order passed by this Court.