Krantikari Kamgar Union v. Vasudev B Prabhu

907.CP.331.2025.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.331 OF 2025 Krantikari Kamgar Union .. Petitioner

Versus

Vasudev B Prabhu and Anr.

.. Respondents ....................

 Ms. Jane Cox, Advocate i/by Rohini Thyagarajan for Petitioner.  Mr. Rahul Nerlekar, Advocate for Respondent Nos.1 and 2. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : JUNE 19, 2025 P.C.

:

1.

Heard Ms. Cox, learned Advocate for Petitioner and Mr. Nerlekar, learned Advocate for Respondent Nos.1 and 2. 2.

In this Contempt Petition, the judgment and order dated 13.12.2023 of which contempt is alleged is appended at page No.128, its operative part is appended at page No.160 and the contentious part thereof with which Petitioner is aggrieved is contained in clause (3) thereof which reads thus:- "3] The impugned award to the extent it directs the petitioner to give re-employment to 20 workmen named in the Annexure A (excluding 14 workmen) and to give them all the benefits under the law for the time being in force including backwages till reemployment and also future wages regularly from the date they are actually re-employed stands affirmed."

3.

According to Ms. Cox the dispute is with respect to computation of backwages till re-employment and any increment

907.CP.331.2025.doc therein that the Petitioners - workmen would be entitled to on the premise that they were continuously employed during the said period. 4.

Mr. Nerlekar, learned Advocate appearing on behalf of Respondents would submit that the order undoubtedly requires implementation but there is a dispute in computation of the backwages granted. Considering that the order was passed in the year 2023 and much time has passed, matter requires a closure. 5.

Both the learned Advocates appearing at bar are directed to give their precise computation of the calculation of backwages in respect of the 20 workmen in figures and words to this Court and exchange the same inter se amongst themselves before the next date. If required, learned Advocates can speak to each other and accordingly apprise the Court on the next adjourned date if they both agree for reconciliation without prejudice to their rights and contentions. 6.

At request of Mr. Nerlekar, stand over to 03rd July, 2025. To be placed under the caption "First on Board". H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date:

2025.06.19 17:41:34 +0530 HARSHADA HANUMANT SAWANT