Bharat Pertoleum Corporation Ltd v. Ps Janardhanan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.04.2021

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN in W.M.P.No.121 of 2020 in W.P.No.99 of 2020 Bharat Petroleum Corporation Limited, 1, Ranganathan Gardens Off: 11th Main Road, Anna Nagar, Chennai-600 040 Rep. by its General Manager-HR (South) ... Petitioner -vs1.

Mr.P.S.Janardhanan The General Secretary, Petroleum Employees Union, 1, Ranganathan Gardens Anna Nagar (West), Chennai-600 040.

2.

Mr.M.Sivakumar The General Secretary, Petroleum Workers Union C/o.P.B.No.1212 & 1213, Anna Nagar, Chennai-600 040.

... Respondents Prayer: Petition is filed under Section 11 of the Contempt of Courts Act, 1971 to punish the Respondent for willful disobedience of the order of this Hon'ble Court dated 06.01.2020 in W.M.P.No.121 of 2020 in W.P.No.99 of 2020.

For Petitioner :

Mr.Anand Gopalan For M/s.T.S.Gopalan and Co.

For Respondents :

Mr.Balan Haridas 1/3

O R D E R

The Contempt Petition has been filed for punishing the respondents for having not obeyed the orders of this Court dated 06.01.2020 in W.M.P.No.121 of 2020 in W.P.No.99 of 2020.

2. When the matter is taken up for hearing, it is represented by the learned counsel for the petitioner that despite the interim order passed by this Court, Union has gone on strike and therefore, there is a wilful and deliberate disobedience of the interim order of this Court. It is further represented that subsequently, the parties have arrived at a settlement and industrial peace subsists now. Therefore, the Court may take note of the same and pass necessary orders in the Contempt Petition.

3. Mr.Balan Haridas, learned counsel for the Respondents submitted that Union was not aware of the interim order passed by this Court and it was not duly communicated to the Union by the Petitioner Corporation. He further submitted that the Respondents have filed an individual counter affidavit and tendered unconditional apology for violation of the order of this Court, if any.

4. Taking note of the fact that there is an industrial peace in existence as on date and that the Respondents have also tendered apology for their act 2/3

in Paragraph Nos.6 and 10 of the counter affidavit, this Court is of the view that no further order is required to be passed in this Contempt Petition.

5. Accordingly, recording the apology tendered by the Respondents, the Contempt Petition is closed. No costs.

SD/- ASSISTANT REGISTRAR(COMM.CASES) ar //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

GS/14/07/2021 3/3