Neelamben P. Rathod vs Managing Trustee

R.K. Abichandani, J.—The grievance of the petitioner is that the respondents have, by not obeying the order dated 14.2.1990 of the Gujarat Education Tribunal, requiring them to reinstate the petitioner and pay dues within three months, committed contempt and therefore, proceedings under the Contempt of Courts Act should be initiated against them.

In response to the notice which was issued, an affidavit of reply has been filed on 16.7.1990, in which it was pointed out that the respondent Trust running the school was not in a position to pay the dues and was facing closure. It was stated in paragraph 15 that the management intended to close the school because of the circumstances beyond their control. On 27th Nov. 1990, a direction was given to the respondent to calculate the dues and file the statement by 10.12.1990. It was mentioned that if by that date no stay was obtained against the implementation of the order of the Tribunal, the respondent shall personally remain present in the Court to explain as to why the award has not been complied with. On 27.12.1990, the petition was admitted and rule was made returnable on 8.1.1991. The respondents were given a further opportunity to comply with the judgement and order of the Tribunal dated 14.2.1990 and the order of the High Court dated 27.11.1990 and it was directed that if those orders were not complied with, the respondent shall personally remain present in the Court and file affidavit showing as to why the orders of the Tribunal and this Court are not complied with. It appears that nothing is done thereafter and the matter has now come up for final hearing, pursuant to the order made by the Division Bench on 19.4.1991. Today no one appears when the matter is called out for final hearing. The respondents Nos. 1 and 3 are directed to remain present on the next date of hearing, failing which non-bailable warrants will be issued against them to secure their presence.

The respondent No.4 is also directed to remain present and apprise the Court as to whether the Tribunal''s order has been complied with or not. S.O. to 12.10.1999. Process to issue forthwith by the office.