This contempt of court case was originally closed through order dated 04-06-2014. But it was re-opened on the basis of request made in I.A. No.367/2014.
2. Initially the contempt case was filed alleging non- compliance of Ext.P1 Award passed by the Labour Court, Ernakulam in I.D. No.152/95 which was directed to be complied by the respondent within a stipulated time by virtue of Annexure-A1 judgment of this court. The respondent had produced Ext.R3 Memo by which the petitioner was permitted to rejoin duty as 'Assistant Field Officer' on a basic pay of Rs.6,200/-. Considering the compliance of the direction contained in Ext.P1 Award as well as directions contained in Ext.A1 judgment of this court, the contempt of court case was closed, leaving open liberty to the petitioner to take appropriate steps with respect to the dispute relating to quantification of the back wages and other benefits.
Con. Case (c) No.1290/2013 -2-
3. In the present application seeking re-opening of the case it is mentioned that, when Ext.R3 Memo was received the petitioner was not in a position to join duty, because he was continuing treatment for the injuries sustained in a motor vehicle accident. Grievance expressed is that, despite reporting for rejoining duty on 07-07-2014, the respondent has not permitted him to join duty. However, it is conceded by learned counsel for the petitioner that the petitioner was subsequently permitted to join duty with effect from 10-09-2014. But learned counsel for the petitioner submitted that there occurred denial of employment from 07-07-2014 to 10-09-2014, and hence the petitioner is entitled to get wages and other benefits for the said period.
4. The above said issue cannot be adjudicated in this contempt of court case, as already observed in the judgment passed in this case on 04-06-2014. In the said judgment itself this court had left open the remedy to the petitioner to claim the disputed amount of back wages in Con. Case (c) No.1290/2013 -3-
appropriate proceedings, if the petitioner is of the opinion that he is entitled for wages for the above said period also, it is left open to him to agitate such issues before such authority.
5. Under such circumstances the above contempt of court case is hereby closed subject to liberty reserved as above.
AMG Sd/-
C.K. ABDUL REHIM JUDGE True copy P.A. to Judge