M.Radhakrishna Murthy v. C.V. Krishna Murthy

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY CONTEMPT CASE No.2359 OF 2017 O R D E R :

This contempt case is filed alleging violation of the order dated 05.10.2017 passed by this Court in WP.MP.No.41321 of 2017 in WP.No.33209 of 2017 wherein this Court directed the respondents to dispose of the representation of the petitioner dated 24.08.2017, in accordance with Rules.

The respondent filed counter stating that petitioner's representation is disposed of vide proceedings dated 05.12.2017. Learned counsel for the petitioner states that there is no proper compliance and that petitioner is entitled for revision of pay scales.

On the other hand Sri A.K.Jayaprakash Rao, learned Standing counsel for respondent submits that petitioner already filed writ petition against award of the Labour Court and respondent bank also filed writ petition against the award in the year 2012 and this Court granted interim stay of the award on payment of wages under Section 17 B of the Industrial Disputes Act; and that both writ petitions are pending. It is to be seen that this Court by order dated 05.10.2017 directed the respondents to dispose of the representation of the petitioner dated 24.08.2017, and the respondent Bank has passed order dated 05.12.2017 stating that since the WP.No.16625/2012

filed by the respondent Bank is pending, it cannot entertain petitioner's request for fixation of pay at present. In view of the same, I do not see any wilful disobedience by the respondents in implementing the orders passed by this Court. Accordingly, the Contempt Case is closed. Since writ petitions filed by the petitioner as well as respondent Bank are pending, it is open for them to seek appropriate relief in those writ petitions. No order as to costs.

As a sequel thereto, miscellaneous applications, if any, pending in the contempt case, shall stand closed. _____________________________ A.RAJASHEKER REDDY, J 30.01.2018 t k