IMPORTANT POINT
Contempt of Court – To raise same objections/issues again and again would tantamount to contempt of Court – There must be an end to a litigation.

JUDGMENT :

M.R. Shah, J.

1.0. Present contempt petition has been preferred by the 84 petitioners – erstwhile employees of the Andhra Pradesh Power Utilities alleging deliberate and willful disobedience of the judgment and order passed by this Court dated 7.12.2020 in MA No.1270 of 2020 in Civil Appeal No.11435 of 2018 and other allied Miscellaneous Applications in the case of Telangana Power Generation Corporation Limited vs. Andhra Pradesh Power Generation Corporation Limited reported in 2020 SCC Online SC 995 noncompliance alleged against the Telangana Power Utilities (hereinafter referred to as the “TS Power Utilities”).

2.0. Shri Huzefa Aziz Ahmadi learned Senior Advocate has appeared on behalf of the applicants, Shri Ranjit Kumar and Shri V Giri, learned Senior Advocates have appeared on behalf of alleged contemnors – Telangana Power Utilities and Shri Niraj Kishan Kaul, learned Senior Advocate has appeared on behalf of the respondent Andhra Pradesh Power Utilities.

3.0. Shri Ahmadi, learned Senior Advocate appearing on behalf of the applicants has vehemently submitted that by detailed judgment and orders dated 20.06.2020 and 7.12.2020 this Hon’ble Court accepted the report submitted by the One Man Committee of Hon’ble Mr. Justice D.M.Dharmadhikari. It is submitted that by an order dated 7.12.2020 this Court had accepted the Concluding Report of the One Man Committee and has directed the respondents to implement and absorb all the employees allocated to TS Power Utilities. However, TS Power Utilities have arbitrarily and unilaterally left out the petitioners contrary to the judgment dated 7.12.2020.

3.1. It is submitted by Shri Ahmadi that a perusal of the judgment and order dated 7.12.2020 passed by this Court would show that the objections of TS Power Utilities, with regard to the excess allocation and also with regard to the reciprocity, in respect of 655 numbers, were categorically rejected and the final list appended to the Concluding Report has been expressly affirmed. It is submitted that as such there was an express direction to the power utilities of both the States and all concerned to implement the report of One Man Committee.

3.2. It is further submitted by Shri Ahmadi learned Senior Advocate that a perusal of the Concluding Report of the One Man Committee makes it explicit that both the Power Utilities have to absorb 655 employees each as per Concluding Report dated 20.06.2020. It is submitted that this figure of 655 has also been reiterated by this Court in the subsequent judgment and order dated 7.12.2020. It is submitted that in the operative directions in the Concluding Report, it has expressly been stated that allocation made is final and binding both on the employer and employees; and failure to implement the same may be reported to the Supreme Court for remedial or punitive action. It is submitted that the only exception carved out in the said directions was with regard to those employees who have attained the age of 58 years in the year 2020, who will be kept out of the allocation process. It is submitted that none of the petitioners have attained the age of 58 years in the year 2020.

3.3. It is submitted that all the 84 petitioners figured in the final list prepared by the One Man Committee. The names of the petitioners were duly mentioned in the said list, which was prepared utilities wise by the One Man Committee. It is submitted that as per the final list 28 petitioners had to be absorbed in TS Genco, 35 members had to be absorbed in TS Transco, similarly 21 petitioners had to be absorbed in TS Discoms.

3.4. It is submitted that pursuant to the passing of the Concluding Report dated 20.06.2020 by the One Man Committee, Andhra Pradesh Power Utilities have implemented the directions in toto, as per the final list annexed to the Concluding Report dated 20.06.2020 prepared by the One Man Committee.

3.5. It is submitted that on one hand, the Andhra Pradesh Power Utilities, while implementing the directions have