Case Note & Summary
The present Writ Petition was filed by Dilip Kapoor, President of Suman Educational Trust and another, challenging the judgment and order dated 22.06.2022 passed by the Presiding Officer, Mumbai University and College Tribunal, Mumbai in Contempt Application No.05 of 2019. The Tribunal had partly allowed the contempt application filed by Respondent No.1, Bhagat Mahesh Bhaga, holding that the petitioners had wilfully disobeyed the Tribunal's earlier order dated 04.08.2014 which directed reinstatement of the respondent and payment of back wages. The facts reveal that on 04.08.2014, the Tribunal had passed an order in favour of the respondent, but the petitioners failed to comply. Consequently, the respondent filed a contempt application. The Tribunal, after hearing the parties, found that the petitioners had not complied with the order and directed them to comply within a specified period. Aggrieved, the petitioners approached the High Court. The High Court, after hearing the advocates for both sides, examined the Tribunal's order and found no infirmity. The Court held that the Tribunal had correctly appreciated the facts and law, and the contempt was established. The petition was dismissed, and the Tribunal's order was upheld. The Court directed the petitioners to comply with the Tribunal's order within four weeks.
Headnote
A) Contempt of Court - Wilful Disobedience - University and College Tribunal - Contempt Application under Maharashtra Universities Act - The Tribunal partly allowed the contempt application finding that the petitioners had not complied with the earlier order directing reinstatement and payment of back wages - Held that the petitioners were guilty of contempt and directed compliance within a specified period (Paras 2-5).
Issue of Consideration
Whether the respondents committed contempt of the Tribunal's order by wilfully disobeying the directions to reinstate the employee and pay back wages.
Final Decision
The High Court dismissed the Writ Petition and upheld the Tribunal's order dated 22.06.2022. The petitioners were directed to comply with the Tribunal's order within four weeks.
Law Points
- Contempt of Court
- Wilful Disobedience
- Compliance of Tribunal Orders
- University and College Tribunal
- Maharashtra Universities Act
