Arun Bhansali, J. - (1.) THIS contempt petition has been filed by the petitioner alleging willful disobedience of the order dated 20.5.2014 passed by this Court in SBCWP No. 5544/2005. While deciding the writ petition, this Court passed following directions: - - "In view of above, this writ petition is partly allowed, the order dated 6.12.2003 is hereby quashed. The application filed by the petitioner Company for setting aside the award is hereby allowed with cost of Rs. 10,000/ -. Consequently, ex -parte award passed by the Judge, Labour Court, Jodhpur dated 19.5.2003 is hereby quashed and the case is remitted to the Judge, Labour Court, Jodhpur to decide afresh within a period of six month from the date of receipt of certified copy of this order. The award impugned dated 6.12.2003 is not implemented due to stay order passed by this Court, therefore, the respondent workman is entitled for salary last drawn under Section 17 -B of the ID Act subject to filing affidavit before the petitioner Company that he did not remain in gainful employment during the pendency of this writ petition. Upon filing such affidavit, petitioner Company shall pay salary with effect from the date of award within a period of two months from the date of filing affidavit. Both the parties shall remain present before the Judge, Labour Court, Jodhpur on 07.07.2014."
(2.) FROM the material available on record, it appears that pursuant to the directions issued by this Court, the cost of Rs. 10,000/ - was paid, the petitioner filed his affidavit before the Labour Court regarding his remaining out of employment for the period 19.5.2003 to 7.7.2014. Whereafter, when the payment as directed by this Court was not paid, the petitioner filed an application for striking out the defence of the respondent before the Labour Court. Another application was filed before the Labour Court for ensuring payment in terms of the order passed by this Court by the petitioner. Both the applications were opposed by the respondent - Company and by order dated 20.11.2014, the Labour Court directed the payment of wages in terms of the directions issued by this Court, failing which it was ordered that the defence of the respondent - Company shall stand closed.
(3.) IT appears that against the order dated 20.11.2014 passed by the Labour Court, the respondent - Company filed SBCWP No. 9163/2014. In the said writ petition by order dated 11.12.2014, it was directed as under: - - "Issue notice, returnable within two weeks. Meanwhile, operation of the impugned order dated 20.11.2014 vide which the defence of the petitioners -employer struck off shall remain stayed subject to deposit of the amount due to the respondent -employee in pursuance to the Section 17B of the Industrial Disputes Act. However, 50% of the said amount shall be disbursed to the respondent -employee forthwith.";