- (1.) The petitioners pray for initiation of proceedings under the provisions of Sections 11 and 12 of the Contempt of Courts Act against the respondent with an allegation that he has violated the directions of this Court as contained in the order dated 7.2.2008, the relevant extract of which reads as under :- "These observations have to be complied with in letter and spirit by the respondentmanagement. So, in these circumstances, order dated 13.3.2006 Annexure P-6 stands quashed and directions are issued to respondent No.1-management that it shall engage the workers when the season starts in the succeeding year in the order of seniority Annexure R-1/1 prepared by it. Until all the employees whose names appear in the list are engaged in addition to the employees who are already working, the management should not go in for fresh engagement of new workmen. The management, before 15 days of the season, shall submit list to the Trade Union of the petitioner and shall place the list on the notice board and shall allow the workers to go through the list and shall employ the workers in accordance with the seniority as per list Annexure R- 1/1 complying the directions given by the Apex Court in the authority Anil Bapurao Kanase's case."
(2.) It has been averred in the petition that the respondent has violated the directions and did not give employment to the petitioners adhering to the seniority list as was required.
(3.) Upon notice reply to the petition has been filed in which the respondent has stated that the petitioners have concealed the material particulars from this Court. It has been stated that the petitioners had entered into a settlement with the management in terms of Section 12(3) of the Industrial Disputes Act on 29.12.2008, 30.12.2008, 22.4.2009 and 22.9.2009 and had received the monetary benefits and had also forfeited their right to employment with the respondent. The contents of the settlement as also the receipt of amount by the petitioners have been placed on record as Annexure R-1.;