(Per : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. This contempt petition has been filed by three workmen of Ahmedabad Municipal Corporation. They complained that the Corporation has not carried out the directions issued by the Industrial Tribunal in its award dated 18.7.2000, as confirmed by decision of learned Single Judge dated 20.7.2004.
2. From the record, it emerges that the Industrial Tribunal had by partially allowing the reference of the workman, directed the respondent- Ahmedabad Municipal Corporation to grant pay scale of Rs.330-560 (or revised pay scale, if same is so revised) with effect from 1.1.1991. It was, however, provided that the workmen shall not be entitled to arrears on account of such pay fixation for the period from 1.1.1991 to 31.12.1998 and for such period, pay revision shall be implemented notionally.
3. Such decision of the Industrial Tribunal was challenged before this Court by the Corporation. Writ petition by the above-mentioned order came to be dismissed.
4. It thus emerges that for an order which had been passed in the year 2000 and which had also been upheld by the High Court in July 2004, present contempt petition is moved in the year 2012. Nearly 8 years have passed in the meantime. Only on this ground, we are not inclined to entertain this contempt petition. We could not however prevent the workmen from seeking recovery in terms of Section 33(C) of the Industrial Disputes Act, if so otherwise permissible under law.
5. With above observations, the contempt petition is disposed of.
(AKIL KURESHI, J.) (C.L.
SONI, J.) omkar Top