Swarajyam, v. G.V.S. Narayana,

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM CONTEMPT CASE No. 2554 OF 2017 O R D E R:

This contempt case is filed alleging non-implementation of the order, dated 27.12.2016, passed by this Court in W.P.No.6733 of 2006.

Petitioner No.1 states that her husband, late S.Satyanarayana, filed I.D.No.123 of 2000 before the Industrial Tribunal-cum-Labour Court, Warangal against the order of removal, dated 01.03.1994. The Tribunal, by Award, dated 07.01.2003, had set aside the order of removal and directed that the period from the date of removal i.e. from 01.03.1984 to the date of death of S.Satyanarayana i.e. 12.10.1998 be treated as continuity of service and that the arrears be paid to his legal heirs and appoint one of the legal heirs in any suitable post in the Corporation. Against the said Award, the Corporation filed the above said Writ Petition. On 27.12.2016, this Court dismissed the Writ Petition, thereby, the Award came to be confirmed. Thereafter, the petitioners approached the Corporation for implementation of the Award. However, the Corporation has not taken any steps or implemented the Award. Hence, the petitioners filed this Contempt Case.

Sri B.Mayur Reddy, learned Standing Counsel for the Corporation, asserts that even assuming for the argument sake, there is non-compliance of the Award of the Tribunal, the same

shall not be construed as violation of the orders of this Court as there was no further direction in the Writ Petition to the authorities of the Corporation to implement the Award passed by the Tribunal. He also asserts that steps would be taken to implement the Award, subject to right of the appeal.

In those circumstances, in strict sense, this Court cannot hold that there is contempt on the part of the Corporation. Hence, having regard to the submission of the learned Standing Counsel that subject to the right of appeal, necessary steps would be taken to implement the Award, the Contempt Case is closed. Consequently, miscellaneous applications, if any shall stand closed.

________________________ CHALLA KODANDA RAM, J Dt:27.12.2017 kdl