The General Secretary vs S.Selvaraj
2023 Latest Caselaw 9495 Mad

                                                                                             Cont.P.No.288 of 2023

                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                        DATED: 02.08.2023

                                                             CORAM:

                                      THE HON'BLE MR. JUSTICE RMT.TEEKAA RAMAN

                                                   Cont.P.No.288 of 2023


                     The General Secretary,
                     Tamil Nadu Grama Bank Workers Union,
                     Regn.No.457/VDR,
                     3/12, M.K.Nagar, Seelanaickenpatti,
                     Salem-636 201.                                                         ..      Petitioner

                                                            ..Vs..


                     S.Selvaraj,
                     The Chairman,
                     Tamil Nadu Grama Bank,
                     Head Office, Yercaud Road,
                     Hasthampatti, Salem-7.                                            ..        Respondent


                     Prayer : Contempt Petition filed under Section 11 of Contempt of
                     Courts Act, to punish the respondent for wilful contempt and non-
                     compliance of the order of this Court passed in W.P.No.22682 of 2005
                     dated 25.10.2021.

                                       For Petitioner         :      M/s.D.Geetha

                                       For Respondent         :      Mr.N.G.R.Prasad

                                                              *******

                                                            ORDER

By an order dated 25.10.2021 this Court in W.P.No.22682 of

2005 passed the following order:-

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Cont.P.No.288 of 2023

"6. With these observations, the impugned award, insofar as it relates to fixing the entitlement of computer increment to the employees of the petitioner-bank, is modified to the effect that such employees would be entitled for the computer increment, "from the date on which the bank was fully computerised". The Writ petition stands disposed of, accordingly. No costs. Consequently, connected miscellaneous petition is closed."

2. Aggrieved against the said order, the W.A.No.1135 of 2022 is

filed on 10.06.2022 and the same was dismissed. As against that

order they filed SPL.AP(c)No.15169 of 2022, dated 10.10.2022 before

the Supreme Court and the same was dismissed. Thereupon, it is

represented by Mr.N.G.R.Prasad, learned counsel for the

respondent/Tamil Nadu Grama Bank that they have filed a Review

Application No.90 of 2023 before the Division Bench.

3. At this juncture the contempt application has also been filed

on 09.06.2023, the case is posted today. The contempt petition

should have been filed before the Review Application.

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Cont.P.No.288 of 2023

4. Today, Mr.N.G.R.Prasad, learned counsel contended that for

implementation of the order of this Court which has modified the

award passed by the Labour Court, they have to move the Execution

Application before the Labour Court and not by way of contempt

application and the learned counsel relied upon the judgment of the

Division Bench of this Court in Cont.A.No.381 of 2001, dated

02.07.2001wherein it is held as under:

"For enforcing award, procedure provided in I.D Act to be followed, contempt application no substitute for execution of award of Labour Court as modified by High Court in writ appeal."

5. Hence I find that the parties can agitate the right before the

Labour Court. It is open to the petitioner herein to move the

appropriate Execution Petition before the appropriate Court.

6. Accordingly, this Contempt Petition is closed. No costs.

02.08.2023

nvi

Internet: Yes/No

Neutral Citation: Yes/No

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Cont.P.No.288 of 2023

RMT.TEEKAA RAMAN,J.,

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Cont.P.No.288 of 2023

02.08.2023

https://www.mhc.tn.gov.in/judis