Bombay High Court
Shaligram G. Mishra vs Shashi Shankar on 6 October, 2021
Bench: G. S. Kulkarni
7-cp 148-21.doc
Prajakta Vartak
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CONTEMPT PETITION NO.148 OF 2021
IN
WRIT PETITION NO.13015 OF 2019 & 2185 OF 1991
Mr.Shaligram G. Mishra, President
Oil Field Employees Association ...Petitioner
V/s.
Shri Shashi Shankar, CMD, ONGC & Ors. ...Respondents
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Mr. Shaligram Mishra, Petitioner in person.
Mr. J. P. Cama, Senior Advocate with Mr. G. D. Talreja i/b. Gobindram D.
Talreja & Associates for Respondent.
-----
CORAM : G. S. KULKARNI, J.
DATE : OCTOBER 06, 2021
PC :
1. In the order dated 30 January, 2020 passed by this Court in Writ
Petition No. 13015 of 2019, the Court had made the following directions:
"24. Pending hearing and final disposal of the reference on
remand, interim wages shall be paid to the concerned workmen by
ONGC for the whole of the period of revision in accordance with
MoS of 19 September 2016 and also prospectively from the month
of March 2020."
2. The grievance of the petitioner is of non-compliance of the directions.
It is submitted that although the said order passed by this Court was
challenged by the petitioner before the Supreme Court in Special Leave to
Appeal (C) No. 9456 of 2020, however, in its order dated 16 October, 2020,
the Supreme Court had categorically not stayed the directions of this Court
as contained in paragraph 24 of the said order. The order of the Supreme
Court reads thus:
" ORDER
Issue notice returnable on 20.11.2020.
7-cp 148-21.doc
In the meanwhile, there shall be an interim stay of
the impugned judgment.
However, the direction given by the High Court in
para 24 of the judgment regarding payment of interim
wages to the workmen in accordance with the MOS dated
19.09.2016 is not stayed. The petitioner is directed to
pay the interim wages as mentioned in para 24 of the
judgment."
3. In the order dated 4 December, 2020 passed by this Court on this
petition recorded the following statement as made on behalf of the
respondent:
" Learned counsel for Respondent Nos.1 to 5 had made a
statement that Respondent No.1 was in the process of
complying with the order and had further stated that
directions contained in paragraph 24 of order dated
30/01/2020 in Writ Petition No.13015 of 2019 would
be complied within one month. Said statement is recorded in
the order dated 21/10/2020.
2. Learned counsel for Respondent Nos.1 to 5 made a
statement today that directions contained in paragraph 24 of
the order dated 30/01/2020 have already been complied
with. Petitioner disputes the said statement. In view of
which, Respondents are directed to file an affidavit as regards
compliance of directions in paragraph 24 of order dated
30/01/2020 passed in Writ Petition No.13015 of 2019.
3. Stand over to 14/12/2020.
4. This order will be digitally signed by the Private
Secretary/Personal Assistant of this Court. All concerned will
act on production by fax or email of a digitally signed copy of
this order."
4. Mr.Cama, learned senior counsel for the respondent, on instructions,
makes a statement and which appears to be a statement in continuation of
what has been recorded by this Court in the order dated 4 December, 2020
(supra), that the respondent shall comply with the directions of this Court in
7-cp 148-21.doc
paragraph 24 of the order dated 30 January, 2020.
5. The approach of the ONGC is fair. Considering such orders, it is
eminently desired that the orders are implemented and acted upon.
Accordingly, stand over to 20 October, 2021 (H.O.B.) for compliance.
6. Needless to observe that the beneficiaries of such amount are those
workmen at whose behest the proceedings are initiated before the Central
Government Industrial Tribunal-2, Mumbai.
(G. S. KULKARNI, J.)
Digitally
signed by
PRAJAKTA
PRAJAKTA SAGAR
SAGAR VARTAK
VARTAK Date:
2021.10.08
18:15:11
+0530
