MODI TELEFIBRES LTD Vs. SUJIT KUMAR CHOUDHARY

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned counsel for the parties finally on the merits of the case.

(3.) For the alleged non-compliance with the award of the Labour Court in favour of the respondent workmen, proceedings under the Contempt of courts Act, 1971 were initiated. The learned Single Judge by an order passed on 5-3-2003 followed by a subsequent order dated 22-5-2003 has clearly recorded his conclusion that all dues of the workmen including variable dearness allowances have not been paid by the appellant employer and thus the contempt was committed. The learned Single Judge directed the officer of the employer to remain present with bank drafts to be paid to the workmen. It is in these circumstances that the appellant employer approached by way of an appeal to the Division Bench of the High Court. The Division Bench of the High Court by the impugned order dated 29-4-2003 has dismissed the appeal on the short ground that the matter arising out of the contempt proceedings was still pending before the learned Single Judge.