(Per : HONOURABLE MR.JUSTICE AKIL KURESHI) This contempt petition arises out of an award passed by the Labour Court on 1.6.2009. Reference of the workman was allowed in part. His termination was declared illegal. However, he was granted benefit of reinstatement without back-wages. Such award was challenged by the employer Ahmedabad District Panchayat before this Court in Special Civil Application No.8261/2010. Such petition came to be dismissed by order dated 21.7.2010 passed by the Learned Single Judge of this Court. Not satisfied with the order of Learned Single Judge, the employer approached the Division Bench in Letters Patent Appeal which also came to be dismissed by an order dated 24.1.2012.
Despite such orders since the employer did not implement the Labour Court's directions, the applicant workman filed present contempt petition. At the outset, it was made clear that during the pendency of this proceeding, the worker had crossed the age of superannuation. Question of reinstatement therefore, did not survive. Counsel for the applicant had pointed out that only question was with respect to unpaid salary for the period during which the employer did not carry out direction for reinstatement of the workman in service and also the benefit of retirement flowing from such reinstatement.
In response to the notice issued by us, learned counsel Shri Munshaw appeared for the respondents. Relying on the affidavit in reply filed on their behalf, he submitted that there is no question of retiral benefits since the applicant had discharged duty only for a short period. He however, submitted that with respect to the award of the Labour Court as confirmed by the judgements of this Court, the respondents are in process of taking decision to challenge it further. He however, agreed that so far no formal decision has been taken for want of permission by the State Government.
On the other hand counsel for the applicant submitted that salary for the intervening period when the Labour Court directed reinstatement of the workman till he crossed the age of superannuation, has not been paid. He further submitted that the applicant is also entitled to retiral benefits on the basis of service rendered and deemed to have been rendered by him.
At this stage, we dispose of this petition giving time to the respondents to pay 50% of the unpaid salary of the workman upto 7.5.2012. This shall be subject to outcome of the further proceedings that the respondents may take out. Remaining 50% shall be paid latest by 31.7.2012 unless stay has been obtained against such payment. This contempt petition is disposed of with clarification that with respect to question of retiral benefits, we have expressed no opinion and it would be open for the applicant to assert his right before the appropriate forum in accordance with law. Notice is discharged.
(Akil Kureshi,J.) (C.L.
Soni,J.) (raghu) Top