Karnataka High Court
Kum. Jayalakshmi B.T. @ B T ... vs Smt. K. Jyothi on 31 May, 2024
Bench: Chief Justice, Rajendra Badamikar
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NC: 2024:KHC:18582-DB
CCC No. 119 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF MAY, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
CCC NO. 119 OF 2024 (CIVIL)
BETWEEN:
1. KUM. JAYALAKSHMI B.T
@ B T JAYALAKSHMAMMA
D/O LATE THIMMAIAH
AGED ABOUT 35 YEARS
RESIDING AT NO.35
MANGALAHALLI CROSS
ULLAL MAIN ROAD
GTNANABHARATHI P O
BANGALORE - 560 056
...COMPLAINANT
(BY SRI. SANGAMESWARAN S, ADVOCATE)
Digitally
signed by
AMBIKA H B AND:
Location: High 1. SMT. K. JYOTHI
Court of
Karnataka THE COMMISSIONER
DEPARTMENT OF INDUSTRIAL TRAINING
AND EMPLOYMENT
"KAUSHALYA BHAVAN"
DAIRY CIRCLE
BANNERGHATTA ROAD
BANGALORE - 560 029
2. MR. NAZIR KHAN
THE PRINCIPAL
GHOUSIA INDUSTRIAL TRAINING INSTITUTE
HOSUR ROAD, BANGALORE
...ACCUSED
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NC: 2024:KHC:18582-DB
CCC No. 119 of 2024
3. STATE OF KARNATAKA
BY THE SECRETARY
DEPARTMENT OF INDUSTRIAL
TRAINING AND EMPLOYMENT
STATE OF KARNATAKA
VIDHANA SOUDHA
BENGALURU
...PRO FORMA RESPONDENT
(BY SMT.PRAMODHINI KISHAN, ADDITIONAL GOVERNMENT
ADVOCATE)
THIS CCC IS FILED UNDER ARTICLE 215 OF THE
CONSTITUTION R/W SECTIONS 11 AND 12 OF THE CONTEMPT
PROCEEDINGS PRAYING TO INITIATE CONTEMPT PROCEEDINGS
AGAINST THE ALLEGED ACCUSED NO.1 AND 2 FOR WILLFULLY
AND DELIBERATELY DISOBEYING THE JUDGMENT DATED
31.03.2023 OF THE HONBLE COURT PASSED IN WP NO.5899/2022.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
In order dated 31.03.2023, learned Single Judge addressed
the grievance of the petitioner about non-consideration of the
representation and directed respondent No.1-the Commissioner,
Department of Industrial Training and Employment to consider the
case of the petitioner in accordance with law within eight weeks.
2. The representation of the petitioner was about payment of
pension of the deceased employee. The petitioner happens to be
sister of the deceased employee.
NC: 2024:KHC:18582-DB
3. In response to the contempt petition filed alleging
non-compliance of the aforesaid direction, compliance affidavit is
filed by the respondent in which, inter alia, it is pointed out that the
wife of the deceased employee could not be traced by the
authorities and that the authorities, without availability of the
service related papers of the employee, could not proceed to fix the
pension.
3.1 The Joint Director has passed endorsement-cum-order dated
05.01.2024 which is produced along with the compliance affidavit in
which it is, inter alia, mentioned that the complainant is nominated
to receive the pension, but the proposal could not be acted upon as
papers were not furnished to fix the pension. It is provided in the
said endorsement to refer the case to the proper authority and
requiring the complainant to furnish the papers through the
concerned institution. Also figures on record, the communication
dated 16.02.2024 addressed by the authority to the complainant
pointing the same thing what was provided in the aforementioned
endorsement.
4. In light of the above, it is always open to the complainant to
furnish relevant papers to the authorities and get the pension case
NC: 2024:KHC:18582-DB
decided in accordance with law. In absence thereof, it could not be
said that any of the respondents have committed a willful contempt
of the direction of the Court.
5. The present contempt proceedings are closed reserving
liberty to the complainant-sister to produce the relevant papers
regarding service of her brother before the competent authority to
get the pension case of her deceased brother duly adjudicated on
merits and in accordance with law. If any such process is to be
undertaken upon production of papers by the complainant, the
authorities will be entitled to seek all relevant papers from the
complainant. The contempt petition is accordingly disposed of.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
