S.P.Mehrotra, J. - (1.) -The present contempt petition has been filed, inter alia, praying for punishing the opposite party for having allegedly committed contempt of this Court by violating the order dated 3rd March, 2004 (Annexure-2 to the affidavit accompanying the contempt petition) passed by this Court in Civil Misc. Writ Petition No. 4900 of 1998.
(2.) I have heard Sri S. S. Sharma holding brief for Sri R. B. Lal learned counsel for the petitioner-applicant, and perused the record. It appears that an award dated 29th October, 1996 was given by the Labour Court, U. P., Agra in Adjudication Case No. 311 of 1989. Copy of the said award has been filed as Annexure-1 to the affidavit accompanying the contempt petition. It was held in the said award that the services of the petitioner-applicant had not been legally terminated, and he was deemed to be continuously in service. It was further directed that the petitioner-applicant be reinstated with full back wages since the date of termination of his services.
(3.) IT further appears that against the said award, U. P. Rajya Khad Evam Avashyak Vastu Nigam Limited, Agra and another filed the aforementioned Civil Misc. Writ Petition No. 4900 of 1998. By the aforesaid order dated 3rd March 2004, this Court dismissed the said writ petition subject to certain modifications. Relevant portion of the said order dated 3rd March 2004 is as follows : "Learned counsel appearing on behalf of the petitioners-employers lastly submitted that admittedly from the date of termination of his services till today, the workman has not worked for a single day. In this view of the matter, on the principle of 'No Work No Pay', the workman concerned is not entitled for any back wages and the labour court has committed an error in awarding full back wages to him. From the date of the award till today, the workman has not worked because of the interim order passed by this Court. However, considering the facts and circumstances of the case and also in the interest of justice and in view of the law laid down by the Apex Court in the case of M/s. Hindustan Motors Ltd. v. Tapan Kumar Bhattacharya and another, 2002 (3) AWC 2444 (SC) : (2002) (6) SCC 41, the award of the labour court is modified to the extent that the workman concerned shall be entitled only to fifty per cent wages, instead of full back wages from the date of termination of his services till the date of reinstatement. In view of what has been stated above, this writ petition is dismissed except the modification to the extent, referred to above. Rest of the award is upheld. The interim order, if any, stands vacated. However, on the facts and circumstances of the case, there will be no order as to costs.";