PERVIN D ANKLESARIA Vs. STEELAGE INDUSTRIES LTD

JUDGEMENT

(1.) This contempt petition has been filed by the petitioner herein as it is the case of the petitioner that the respondents are guilty of having committed contempt of the Court in as much as they have wilfully disobeyed the order of the High Court dated 4/2/1999 in Writ Petition No. 100 of 1999, the contempt being that the respondent have refused to permit the petitioner to report for duty in the corporate office of the company at Mazgaon.

(2.) In the petition as filed, the petitioner has also prayed for an order quashing the charge-sheet dated 9-7-1999 and that pending the hearing and final disposal of this petition the respondents be ordered to permit the petitioner to resume her normal duties in the corporate office as shown in the place at Exhibit "A" and to pay her full wages from 4-2-1999 onwards. It has also been prayed by the petitioner that pending the hearing and final disposal of this petition, an order be passed staying the enquiry in respect of the charge-sheet dated 9-7-1999 and all steps taken pursuant thereto.

(3.) In order to ascertain whether the Respondent have committed contempt for the issues of process against the Respondents, it is necessary to see the order dated 4-2-1999 in respect of which it is the case of the petitioner that the respondents have committed breach and that contempt action be taken against them. This order that was passed on 4-2-1999 was a consent order by the petitioners who are the respondents herein had agreed to take Respondent No. 1, namely, the petitioner herein on duty in the corporate office of the company with immediate effect as a clerk. The said order provided that it was open for Petitioner No. 1 "Company" respondent herein to take the work of receptionist and telephone operator, handling of telex and fax machines, in the corporate office. The order also provided for the working hours of the petitioner herein which were as applicable to all corporate staff at the corporate office. The order also provided for payment of wages to the petitioner herein for the period from 27-10-1995 till her posting within two weeks and costs.