Case Note & Summary
The petitioner, General Employees Association, a registered trade union under the Trade Unions Act, 1926, representing contract labourers employed by M/s. Rashtriya Chemicals & Fertilizers Ltd. (respondent no.1), filed Writ Petition No. 5981 of 1997 seeking abolition of the contract labour system and directions not to remove the contract workers during pendency. On 26.2.1998, a Division Bench issued an ad-interim order directing the respondents not to terminate the services of the employees described at Exhibit-A to the petition who were working as on that date. On 23.3.1998, another Division Bench disposed of the petition by making Rule absolute, directing the Union of India to refer the question of abolition of contract labour to the appropriate government. The petitioner alleged that despite these orders, the respondents terminated the services of 276 contract workers on 31.3.1998, and filed the present contempt petition. The respondents contended that the interim order was only to maintain status quo and did not prohibit termination after the contract period, and that the final order did not contain any such restraint. The court analyzed the orders and found that the interim order was only ad-interim and the final order did not extend the protection. The court held that the termination after the expiry of the contract period did not amount to wilful disobedience of the court's order. The contempt petition was dismissed, and the rule was discharged.
Headnote
A) Contempt of Court - Wilful Disobedience - Interim Order - The petitioner alleged that the respondents terminated the services of contract workers in violation of an interim order directing not to terminate services of employees described at Exhibit-A. The court examined whether the termination amounted to wilful disobedience. Held that the interim order was only to maintain status quo during pendency of the petition and did not create any right of permanency. The termination after expiry of contract period was not contempt. (Paras 1-10)
B) Contract Labour - Abolition of Contract Labour System - The main writ petition sought abolition of contract labour system and directions not to remove contract workers. The court disposed of the petition directing the Union of India to refer the question of abolition to the appropriate government. The interim order merged with the final order. Held that the respondents were not guilty of contempt as the order did not prohibit termination after the contract period. (Paras 2-5)
Issue of Consideration
Whether the respondents committed contempt of court by terminating the services of contract workers in alleged violation of the interim order dated 26.2.1998 and the final order dated 23.3.1998 passed in Writ Petition No. 5981 of 1997.
Final Decision
The contempt petition is dismissed and the rule is discharged.
Law Points
- Contempt of court
- wilful disobedience
- interim order
- contract labour
- abolition of contract labour system
- Trade Unions Act
- 1926
Case Details
2005 LawText (BOM) (02) 182
Contempt Petition No.189 of 1998 in Writ Petition No. 5981 of 1997
Shri.Suresh S.Pakale for Petitioner, Shri.J.P.Cama with Ms.Swati Deshpande i/b M/s. Bodhanwala & Co. for Respondents
General Employees Association
M/s. Rashtriya Chemicals & Fertilizers Ltd. & Ors.
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Contempt petition alleging wilful disobedience of interim and final orders passed in a writ petition seeking abolition of contract labour system.
Remedy Sought
The petitioner sought to punish the respondents for contempt of court for terminating the services of contract workers in violation of court orders.
Filing Reason
The respondents terminated the services of 276 contract workers on 31.3.1998, allegedly in violation of the interim order dated 26.2.1998 and the final order dated 23.3.1998.
Previous Decisions
The writ petition was disposed of on 23.3.1998 directing the Union of India to refer the question of abolition of contract labour to the appropriate government.
Issues
Whether the respondents committed contempt of court by terminating the services of contract workers in violation of the interim order dated 26.2.1998 and the final order dated 23.3.1998.
Submissions/Arguments
The petitioner argued that the respondents wilfully disobeyed the court's orders by terminating the contract workers.
The respondents contended that the interim order was only to maintain status quo and did not prohibit termination after the contract period, and the final order did not contain any such restraint.
Ratio Decidendi
The interim order dated 26.2.1998 was only an ad-interim order to maintain status quo during the pendency of the writ petition and did not create any right of permanency. The final order dated 23.3.1998 did not extend the protection. Termination of contract workers after the expiry of the contract period does not amount to wilful disobedience of the court's order.
Judgment Excerpts
The Petitioner is a registered Trade Union under the Trade Unions Act, 1926 and represents mainly the contract labours employed under the Respondent no.1.
By an order dated 26.2.1998 passed in W.P.No. 5981 of 1997, a Division Bench of this Court issued ad-interim directions against the Respondents no.1 and 2 in the said petition not to terminate the services of the employees described at Exhibit-A to the petition and who may be working as on that date.
On 23.3.1998 when Writ Petition No. 5981 of 1997 came up for hearing on admission, another Division Bench granted Rule and disposed of the petition by making Rule absolute in terms of the following order: 1. The respondent no.3 Union of India is directed to refer the question of abolition of contract labour to the appropriate government.
Procedural History
The petitioner filed Writ Petition No. 5981 of 1997 seeking abolition of contract labour system. On 26.2.1998, an ad-interim order was passed not to terminate services of contract workers. On 23.3.1998, the writ petition was disposed of directing the Union of India to refer the question of abolition. The petitioner filed Contempt Petition No. 189 of 1998 alleging violation of these orders by terminating workers on 31.3.1998. The contempt petition was heard and dismissed on 18.2.2005.
Acts & Sections
