Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 21 and 32 Contempt petition 1950 : Articles 129 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India, Contempt of Courts Act, 1971 (70 of 1971) |
Case Type | Contempt Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Constitution of India, 1950 :Articles 129, 21 and 32. Contempt petition - Shifting of factory to Baddi - Directions issued by Supreme Court regarding - Non-implementation of - In MC. Mehta's case [JT (1998) 9 SC 104] Supreme Court directed the Management of a factory to allow those workmen, who opted to do so, to join at Baddi on 14/15-1- 1999 - Certain benefits both to those who opted to join, and to those who did not, were also granted - Such directions were given on the assumption that the factory was fully functional - However, the workmen who reported on the appointed dates were not given jobs as the factory was non-functional and had to return - Therefore, Management was directed to pay to each of these workmen a sum of Rs. 30,000 "on account" - These workman filed a contempt petition against the Management for wilful disobedience of Supreme Court's order - But Management could offer jobs only to 937 workmen as the factory was still not functional - Held : Under these circumstances, earlier order in MC. Mehta's case modified/or the purpose of its due implementation leaving the substance of the order untouched - Contempt cases closed - Contempt of Courts Act, 1971, S.2 (d) Shifting of factory to Baddi - Following directions issued by Supreme Court: 937 workmen to report at Baddi and sign or put their thumb marks in a register before Deputy Labour Commissioner - Rs. 500 to be paid to the workmen to meet the extra travel expenditure - Deputy Labour Commissioner to obtain undertaking from these workmen, addressed to Supreme Court, that they will abide by the Rules and Regulations or orders applicable to them - Reporting of the workmen at Baddi on 14/15-1-1999 to be treated as complete and the present order is only a subsequent step in implementation of the earlier order - Wages to the 937 workmen to be paid from date of closure of factory till 15-1-1999 and further up to 31-3-1999 together with additional amount due under this or earlier order by cheque on or before 7-4-1999 - Banks to open account on production of certificate of identity to be issued to each workmen by the labour Commissioner without insisting on other proof of residence - Those workmen (Other than the 937) who had reported at Baddi on 14/15-1-1999 to report at Baddi and remain there till they are given jobs - Regular monthly wages to be paid to these workmen during the period of their unemployment - Same procedure as applicable to the 937 workmen also applicable to these workmen. Practice and Procedure : Earlier order - Passed due to mistake of court - Modification of - Held: Could be Modified. |
Judge | Hon'ble Mr. Justice M. Jagannadha Rao |
Neutral Citation | 1999 INSC 130 |
Petitioner | Workmen Of M/s. Birla Textiles |
Respondent | K.k. Birla And Ors. |
SCR | [1999] 2 S.C.R. 151 |
Judgement Date | 1999-03-24 |
Case Number | 61 |
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