SITASINH BABBANSINH Vs. VIRENDRA BAHUDAR BHADRIPRASAD

JUDGEMENT

(1.) THE present petition is preferred for non -compliance to the Judgment of the Gujarat Primary Education Tribunal (as per Annexure -A), whereby, together with the other application, by common judgement, the Tribunal directed for reinstatement of the petitioners with full backwages.

(2.) WE have heard Mr.Shukla for the petitioners and Mr.Shah for the respondent No.1.

(3.) AS such, it is well settled proposition of law that in normal circumstances, if order which is the basis for initiation for contempt proceeding is executable, the party complaining the breach thereof should resort to the proceedings for execution of such order. The reference may be made to the decision of the Apex Court in the case of Anil K.Surana and Anr. Vs. State Bank of Hyderabad reported in 2003(10) SCALE 580 and more particularly the observations at para 7 of the said decision.