S.Selvam v. Sathiya Subramanian

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.09.2024

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY, J., Contempt Petition No.668 of 2023 S.Selvam S/o.Somuvel .. Petitioner Vs.

Sathiya Subramanian The General Manager (P) - offg The Senior Manager, HRD Air India Limited (Now known as National Aviation Company of India Limited) Air India Unity Complex Pallavaram Chennai-600 043.

.. Respondent Contempt petition filed under Section 11 of the Contempt of Courts Act, praying to initiate contempt proceedings against the respondent for committing wilful disobedience of the order of this Hon'ble High Court passed in W.A.No.490 of 2020 dated 17.06.2020. For Petitioner :

Ms.M.S.Soorya Bharathi For Respondent :

Mr.K.Srinivasa Murthy ***** 1/8

O R D E R

(Order of the Court was made by M.SUNDAR, J.,) Captioned contempt petition has been filed by appellant in W.A.No.490 of 2020 complaining of non-compliance qua 'order dated 17.06.2020 made in W.A.No.490 of 2020' {'said order' for the sake of convenience}. To be noted, said order was made by a Division Bench presided by then Hon'ble Chief Justice with one of us (SENTHILKUMAR RAMAMOORTHY, J) in the Division Bench.

2. The 'appellant (S.Selvam)' who is before us shall hereinafter be referred to as 'concerned employee' for the sake of convenience and clarity and 'respondents in writ appeal' as well as 'lone respondent' before us, who is General Manager of the Airline concerned shall be referred to as 'Management concerned' for the sake of convenience and clarity.

3. In any by said order, Hon'ble Division Bench held in favour of concerned employee inter alia restoring an award made by Industrial Tribunal, Chennai being an award dated 10.07.2008 in Industrial Dispute No.121 of 2005. The Management concerned carried the matter to 2/8

Hon'ble Supreme Court vide SLP(C) Nos.11418-11419 of 2020 and SLP was summarily dismissed on 11.04.2022. To be noted, the Industrial Tribunal award disposed of a reference pertaining to concerned employee turning on regularization but it is not necessary to dilate more on facts. After some earlier listings, today Ms.M.S.Soorya Bharathi, learned counsel for contempt petitioner / concerned employee and Mr.Srinivasamurthy, learned counsel for Management concerned (lone respondent in contempt petition) are before us. Both learned counsel submitted in unison in one voice that parties have arrived at a settlement and have reduced terms of settlement into writing vide a 'memorandum of compromise dated 13.06.2024' {hereinafter 'said MOC' for the sake of brevity}. Said MOC has been placed before us and a scanned reproduction of the same is as follows:

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4. Both parties submit that they would carry the matter to its logical end qua said MOC. This submission is recorded.

5. However, we make it clear that we have not recorded said MOC and such a course is normally not adopted in contempt jurisdiction 6/8

but we are making a departure by resorting to powers under Article 215 of Constitution of India as a lone workman in a erstwhile PSU and his livelihood is the issue.

6. Both learned counsel request for a closure to the contempt petition but request for further listing to report further compliance. This common request is acceded to and the following order is made: (i) Captioned Contempt Petition is disposed of as closed i.e., a closure is given to the captioned contempt petition;

(ii) Parties shall carry said MOC to its logical end and report further compliance notwithstanding closure of contempt petition; (iii) Though captioned contempt petition is disposed of as closed, captioned contempt petition shall be listed before this Special Bench in the next listing under the cause list caption 'FOR REPORTING FURTHER COMPLIANCE'.

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M.SUNDAR.J., and SENTHILKUMAR RAMAMOORTHY, J., mk (iv) If further compliance is not reported, we make it clear that this Bench may revive / resuscitate the captioned contempt petition.

(M.S.,J.) (S.K.R.,J.) 05.09.2024 Index:Yes/No Speaking order / Non-speaking order mk P.S: Though captioned contempt petition is disposed of as closed, Registry is directed to list the same before this Special Bench in the next listing under the cause list caption 'FOR REPORTING FURTHER COMPLIANCE'.

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