Ramji Sharma vs Shri M.P. Singh

Seeking initiation of contempt action against non-applicant for filing a wrong affidavit in the proceedings held in Conc. No. 1475/2012 and contending that certain directions issued by this Court on 10.01.2012 in W.P.(s) No. 973/2003 have not been complied with, this application has been filed. Applicant is working as Helper in Municipal Corporation at Jabalpur. An industrial dispute was arose with regard to grant of certain benefits and an award was passed by the Labour Court Jabalpur in various cases, including the case of present applicant Shri Ramji Sharma, directing for grant of certain benefits including the payment of difference of wages. The award passed by the Labour Court not only in the case of present applicant but also in various other cases was challenged by the Municipal Corporation Jabalpur in various writ petitions, more than five in number, and all the writ petitions was disposed of by a common order passed on 10.1.2012 and order passed by the High Court in the case of present applicant is annexure C-1 passed in W.P.(s) No. 973/2003. This Court found that the Labour Court has not committed any error in directing for payment of difference of wages and, therefore, upheld the award passed by the Labour Court. When the monetary benefit accruing to applicant by virtue of order passed was not granted, it seems that applicant initiated contempt case No. 1475/2012 before this Court and in the said case the non-applicant/contemnors filed an affidavit and points out that all the benefits and wages have been calculated and paid to person concerned, including the applicant. Copy of the reply filed by non-applicant in conc. No. 1475/2012 is filed as Annexure C-1. Now it is the case of applicant that a false statement has been made in the contempt application, the amount has not been paid to the applicant and, therefore, action to be taken.

From the documents that have come on record it is seen that a cheque dated 23.2.2013 was issued paying a sum of Rs. 1,09,028/- (Rupees One Lac Nine Thousand and Twenty Eight) to the applicant and reply filed by the Municipal Corporation in contempt proceedings goes to show that the entire amount has been paid to the applicant. There is serious dispute between the applicant and the non-applicant with regard to payment of this amount. Even though applicant has filed various documents at page 75, 76 & 77 to show payment of Rs. 1,09,228/- and receipt of the same by the applicant counsel one Shri Brindavan Tiwari.

Taking note of all these circumstances. We are of the considered view that matter pertains to execution of award passed by the Labour Court in the dispute adjudicated under the Industrial Dispute Act and prima facie finding the payment of difference of salary to have been made, the earlier contempt proceeding was dropped. Under such circumstances now we see no reason to initiate fresh proceedings for contempt, instead in case applicant feels that the amount payable to him with regard to difference of salary as per award has not been paid and something still remains to be paid, he had remedy under the Industrial Dispute Act itself to execute the award passed by Labour Court. Under the said circumstances finding no case made out for initiating action for contempt, the application is, therefore, disposed of with liberty to the applicant to get execution of the award passed by the Labour Court in accordance with law. With the aforesaid, this contempt application stands disposed of.