Kirtikant Shivajirao Jadhav vs Pravesh Nanda
2023 Latest Caselaw 4145 Guj

     C/MCA/556/2019                                  ORDER DATED: 07/06/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
               R/MISC. CIVIL APPLICATION NO. 556 of 2019
           In R/SPECIAL CIVIL APPLICATION NO. 10896 of 2018
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                      KIRTIKANT SHIVAJIRAO JADHAV
                                 Versus
                             PRAVESH NANDA
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Appearance:
MR SUBRAMANIAM IYER(2104) for the Applicant(s) No. 1
MR DG CHAUHAN(218) for the Opponent(s) No. 1
RONAK D CHAUHAN(7709) for the Opponent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
       and
       HONOURABLE MR. JUSTICE M. R. MENGDEY

                              Date : 07/06/2023

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. The present application is filed with following prayer(s):-

"4(A)That this Hon'ble Court may be pleased to hold the respondent guilty of deliberate and willful disobedience of the order Annexure-A dated 03.01.2018 passed by the Labour Court, Vadodara in Reference LCV No.1117 of 2001 as confirmed by this Hon'ble Court by judgment Annexure-B and punish him adequately under the provisions of the Contempt of Courts Act, 1971.

(B) Pending admission, hearing and final disposal of the present petition, this Hon'ble Court be pleased to direct the respondent to reinstate the petitioner in service forthwith and comply with the direction issued by the Labour Court by award Annexure-A immediately.

(C) ..."

2. The prayer would suggest that the applicant is seeking implementation of the judgment and award of dated 03.01.2018 passed by respondent no.2 in Reference Reference (L.C.V.) No.1117 of 2001 which is confirmed by this Court vide order

C/MCA/556/2019 ORDER DATED: 07/06/2023

dated 12.03.2019 in Special Civil Application No.10898 of 2018.

3. It is well settled proposition of law that for implementation of the award, an appropriate remedy would be to file appropriate execution application before the Labour Court which has passed the order. Be that as it may, since it is confirmed and subsequently, when the respondents have already passed the order , whereby the respondents have already reinstated and paid the salary from 2022, and thereafter, again he has been terminated from the services after holding an inquiry.

4. Learned advocate for the applicant has submitted that the applicant is also not paid the current wages from the date of the award, but the wages are in fact paid on a lower rate which the applicant was entitled to. All these aspects can only be undertaken by appropriate fact finding authority either before the Labour Court or by filing writ petition and this Court while examining the application under the Contempt of Courts Act, 1971, cannot dwell into merits of the matter. Hence, the present application is rejected with a liberty reserved in favour of the applicant to file appropriate proceedings before the appropriate forum in case his grievance survives. Notice is discharged.

(A. S. SUPEHIA, J)

(M. R. MENGDEY,J) GIRISH