IMPORTANT POINT
Order u/s 17-B is an independent order and does not merge with the final order in the appeal. It has to be complied with irrespective of the final order.

JUDGMENT :

Abhay Manohar Sapre, J.

1. This contempt petition arises out of the two orders, one dated 04.05.1999 and final order dated 31.10.2000 passed by this Court (Three Judge Bench) in Civil Appeal No. 4482 of 1998. This application is filed by the respondent (employee) of the said appeal.

2. To appreciate the grievance of the applicant herein(employee)-respondent of the aforementioned appeal, it is necessary to set out the relevant facts which led to the filing of civil appeal in this Court which later gave rise to filing of this contempt petition.

3. The applicant was an employee of one limited Company called "Birla Corporation Ltd.” (hereinafter referred to as "the Corporation"), which is controlled by Birla Group. The respondent herein is the General Manager of the Corporation. The applicant was appointed on 04.12.1974. However, the applicant's services were terminated by the Corporation by order dated 01.09.1985. On the date of termination, the applicant’s last drawn salary was Rs.1185/-.

4. The applicant felt aggrieved of his termination and raised an industrial dispute before the Industrial Tribunal under the Industrial Dispute Act, 1947 (hereinafter referred to as “the Act”) for deciding the legality and correctness of his termination order.

5. By award dated 22.11.1991, the Industrial Tribunal answered the reference in favour of the Corporation. It was held that the applicant was not a workman within the meaning of the expression "workman" as defined in Section 2 (s) of the Act and, therefore, the Government Order by which the reference was made to the Industrial Tribunal is not maintainable.

6. The applicant felt aggrieved and filed writ petition before the High Court at Calcutta. The Single Judge of the High Court, by order 22.03.1996 allowed the writ petition and while setting aside the award of the Industrial Tribunal held that the applicant was the workman and, therefore, the Government was right and had the power to make an industrial reference to the Industrial Tribunal. The Single Judge, therefore, set aside the order of the Industrial Tribunal.

7. The Corporation felt aggrieved and filed an intra Court appeal before the Division Bench of the High Court. By order dated 31.03.1998, the Division Bench dismissed the appeal and upheld the order of the Single Judge giving rise to filing of the appeal before this Court by the Corporation being S.L.P.(c) No. 8518/1998. This Court granted leave and accordingly it was registered as Civil Appeal No. 4482 of 1998.

8. By order dated 31.10.2000, this Court allowed the Corporation's appeal and while setting aside the orders of the Division Bench and Single Bench dismissed the writ petition filed by the applicant herein. As a consequence, the award passed by the Industrial Tribunal holding that the applicant was not a workman was upheld.

9. It is pertinent to mention here that during the pendency of the Corporation's Civil Appeal in this Court, the Corporation had prayed for grant of the stay of the impugned order of the Division Bench.

10. This Court, by interim order dated 04.05.1999, directed the Corporation to pay to the applicant full wages last drawn by him on 01.09.1985 inclusive of maintenance allowance admissible to him under the Rules on the applicant's furnishing an affidavit to the effect that he had not gainfully employed elsewhere. The Corporation was asked to pay the aforesaid amount of full wages last drawn with effect from 01.05.1998 onwards till the final disposal of the appeal. The Corporation was directed to pay the arrears within four weeks and future monthly emoluments by 7th of each succeeding month.

11. Likewise, while finally allowing the Corporation’s appeal on 31.10.2000, this Court recorded an offer made by the Corporation that notwithstanding the result of the appeal, the Corporation is still ready and willing to pay a sum of Rs.2 lakhs to the applicant towards full and final settlement to the satisfaction of the applicant's claim which they had offered