Shaligram G. Mishra vs Shashi Shankar And Others
2022 Latest Caselaw 6867 Bom

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                                                            4.CP.148.2021.doc


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIVIL APPELLATE JURISDICTION

              CONTEMPT PETITION NO. 148 OF 2021
                            WITH
             INTERIM APPLICATION NO. 439 OF 2022
                             IN
              CONTEMPT PETITION NO. 148 OF 2021

Shaligram G. Mishra                         ...Petitioner
     V/s.
Shashi Shankar, CMD, ONGC & Ors.            ...Respondents

Mr. Shaligram G. Mishra, the Petitioner in person present.
Mr. G. D. Telreja for the Respondent Nos. 1 to 5


                            CORAM : NITIN W. SAMBRE, J.

DATED : 19th JULY, 2022 P.C.:

1. In view of the existence of dispute, the proceedings were

taken up by the Oil Field Employees Association and others under

the Industrial Dispute Act, 1947, which has laid to the Central

Government Industrial Tribunal (for short "CGIT") passing an

award.

2. The said award was the subject matter of challenge in

WP/13015/2019. The said Writ Petition came to be partly allowed

whereby the award delivered by CGIT was set aside and the

matter was referred back to the CGIT being reference no. CGIT-

2/40 of 2017 for fresh decision on the following issue:

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      a.   Individual wage scales.

      b.   Consolidated    wages     payable,   respectively,   to    the

contract workmen of ONGC working at (i) 12 Victoria Dock

and Nhava Supply Base and (ii) and other workmen covered

by the reference.

3. While remanding the matter back, this Court in paragraph

no. 24 made following observations:

"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."

4. It appears that the Respondent-ONGC feeling aggrieved

preferred Special Leave Appeal (C) no. 9456 of 2020 in which Apex

Court on 16/10/2020 directed issuance of notice.

5. The Apex Court while granting stay to the judgment

delivered in WP/13015/2019 decided on 30/01/2020 has observed

that the directions given by the High Court in paragraph no. 24

referred supra be implemented as same is not stayed, as such

directions were issued to the ONGC to pay the interim wages as

mentioned in the paragraph no. 24.

6. It is the case of the petitioner that said order is not complied

with as all the workmen who are beneficiaries under the said

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paragraph are neither paid appropriate wages for the whole of the

period of revision in accordance with MoS dated 19/09/2016 nor

prospective wages are paid from the month of March, 2020.

7. It appears that one more order was passed by this Court in

the present contempt petition on 27/10/2021 whereby the

observation made that about 231 workmen are outrightly entitled

to receive the amount pursuant to paragraph no. 24 and as such

directions were issued to the respondent-employer to disburse the

amount.

8. The Deputy Chief Labour Commissioner was directed to

resolve the aforesaid issue.

9. The affidavit is filed on behalf of the respondent by one Mr.

Rajendra Jadhav, Manager, HR demonstrating compliance of the

aforesaid order wherein it is claimed that the amount was duly

released in favour of the 231 employees in their account.

10. Mr. Mishra appearing for the petitioner would dispute the

quantum as calculated by the respondent-employer and would

urge that the benefits under the aforesaid paragraph no. 24 of the

judgment of High Court needs to be extended to all employees

which are more than 1000 in numbers.

11. At this stage, Mr. Mishra appearing for the petitioner states

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that though directions were issued by this Court to the parties to

appear before the Deputy Chief Labour Commissioner, the

respondent-employer has not co-operated.

12. There is no material in support of the aforesaid contentions

but for oral submissions of Mr. Mishra.

13. In the aforesaid background the petitioner is granted time of

four weeks to file Affidavit thereby demonstrating the list of

beneficiaries which is made available to the respondent-employer

who are extended upon under the observations made in

paragraph no. 24 referred supra alongwith the calculation of

wages receivable by them under the said directions. Liberty is also

granted to produce such other documents as is required for

deciding the issue of contempt.

14. In the meantime, we direct the Deputy Chief Labour

Commissioner to submit his report on the issue of compliance of

the directions issued by this Court vide order dated 27/10/2021.

15. Mr. Mishra assures that he shall serve the copy of this order

to the said authority. In the aforesaid background the matter be

listed for further consideration on 30/08/2022.

          Digitally signed by
ANANT     ANANT KRISHNA
KRISHNA   NAIK
          Date: 2022.07.21
NAIK
                                                              (NITIN W. SAMBRE, J.)
          18:21:08 +0530




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