AI Structured Summary
Not yet generated for this judgment
Judgment
D.V. Shylendra Kumar, J.—It is only in this country that people who do not work are paid wages which is anti thesis to the word ''wages''. Wages are earned not granted or given as gratis.
Complainant in this contempt petition was writ petitioner before this court in WP No. 18957/2006 complaining that though she had been appointed as ''Assistant Mistress'' by the Management of Bapuji Teachers Association running Kannada and Tamil Higher Primary School at Magadi Road. Bangalore, as per appointment order dated 7.8.1982, she had not been provided proper work from February 1983 and while notice was issued to her on 17.9.1990 and that was also properly responded and that she had approached the Educational Appellate Tribunal in Appeal No. 37/1994 treating that non providing of work to her amounted to termination and therefore the Management should be directed to reinstate her etc.
However, the Tribunal had rejected the appeal and it is in this background the complainant had approached this court by filing writ petition in WP No. 18957/2006 against the order of the Tribunal rejecting her appeal.
The learned single Judge of this court dismissed the writ petition in terms of order dated 25.6.2008 and therefore the complainant had preferred a writ appeal.
The writ appeal was disposed of on 14.7.2009, inter alia. observing that as the Management had not conducted a proper enquiry before either dis encouraging or not providing employment to the complainant. It is proper that the Management should be directed to conduct an enquiry and take a decision afresh, but in the meanwhile this court directed that the appellant therein should be reinstated with back wages etc.
It is the version of the. Management that they have not only reinstated, but they have also paid back wages to the tune of ` 8,16,000/- which is not disputed by the complainant.
This court had closed the contempt petition which had been filed by the complainant earlier noticing the development such as not only reinstatement, but payment of back wages to the extent of ` 8,16,000/. However, the complainant sought for revival of the complaint as full back wages had not been settled and as that was again disputed, this court passed the order on 13.1.2012 reading as under:
The actual dispute between the parties is, whether the amount paid by the respondent would satisfy the claim of petitioner or not?
Accordingly to the respondent Management, whatever the amount legally payable to the petitioner has been settled. It is disputed by the petitioner during the course of arguments.
It is brought to the notice that one Smt. Vijayalakshmi is also working as an Assistant Mistress right from the beginning along with the petitioner. Any salary paid to Smt. Vijayalakshmi would be the salary payable to the petitioner. Therefore, it is for the management to produce the register and find out the actual salary paid to Smt. Vijayalakshmi and find out the difference. If the amount paid, to Smt. Vijayalakshmi is equal to the amount already paid to the petitioner by the management, the application has to be rejected, otherwise, we have to consider the reopening of the case of the parties after hearing both the parties.
List on 20.01.2012.
and a further order came to be passed on 20.01.2012.
Contempt petition was closed on 14-1-11 based on the statement made by the respondents that respondents are willing to pay the entire arrears within a period of 4 months from that date. Accordingly, petition was closed granting liberty for the complainant to review the petition if the amount is not paid. Again at the request of the respondent time was extended on 17.6.11. Now an application is filed for revival on the ground that entire amount is not paid to her but what is paid is not the actual amount which she is entitled to.
On the last date of hearing, after hearing the parties, we have directed the respondents to furnish particulars in regard to the salary paid to a co-employee, by name Vijayalakshmi, in order to find, out whether the same amount is paid to the complainant or not Respondent is not willing to produce the same and the same is not filed before us today. In the circumstances, we are of the view that 1A 1/12 has to be allowed and contempt has to be revived.
Accordingly, contempt petition is revived.
Place the contempt petition before the roaster which deals with the matter.
It is under these circumstances, the matter is listed before us today,
We have heard the complainant appearing in person and Sri. M P Srikanth, learned counsel appearing for accused Nos. 1 to 3.
The complainant states that the accused Nos. 1 to 3 have not only not paid the full entitlement of back wages including periodic increments, but also have been dragging on the enquiry to her detriment; that they are deliberately denying her due promotions and therefore all such acts constitute a case of contempt in disregarding or disobeying the order passed by this court in writ appeal.
On the other hand, Sri. M P Srikanth, learned counsel for Accused Nos. 1 to 3 submits that the back wages in fact have been paid as per the court directions; that she is also reinstated; that her wages are being paid, but her entitlement for increments and other promotions are deferred pending enquiry; that the complainant is not cooperating with the Management for proceeding with the enquiry: that she is adopting very aggressive attitude and even the Enquiry Officer quit the job and the Management is in search of alternative Officer: that under such circumstances, it will not be possible to go into such aspects in contempt jurisdiction.
We do not find it necessary to go into either the precise entitlement or any other benefit which the complainant otherwise complains is not yet conferred on her as nothing in particular has been specified or quantified in terms of the Judgment passed in the writ appeal and therefore the contempt proceedings is dropped.
The complainant and the Management to co-operate with one another so that the enquiry is brought to an end and if the complainant is interested in working there, to create an atmosphere to work properly and elicit confidence of the employer.