Result: Contempt Petition stands disposed of accordingly.

A.N. Venugopala Gowda, J.

With the consent of both sides, the matter is heard for final disposal.

2. The complainant, as the General Secretary of Bharathiya Majdoor Sangha, had filed Writ Petition No. 10178/2005 against the Deputy Commissioner, Bangalore Urban, Bangalore to recover from the employer, the Management of Dominion Chemical Industries Ltd., Bommanahalli, Bangalore - 560 068, the amount of gratuity, as decided by the Authority uder the Payment of Gratuity Act, in terms of the order dated 28.10.2004. After hearing the learned Counsel for the parties and taking into consideration the submission made by the learned High Court Government Pleader that, the Deputy Commissioner (District Commissioner) would immediately take action in accordance with law, to recover the money from the employer in terms of the order dated 28.10.2004 passed by the Authority under the Payment of Gratuity Act, the writ petition was allowed in part, by an order dated 23.2.2005 and a direction was issued to the District Commissioner, Bangalore Urban to recover from the employer, the gratuity amount due to the workmen, as determined by the Authority, within a period of 4 weeks. A representation was submitted by the complainant on 6.8.2007 to the respondent/accused, to give effect to the said order. Alleging willful disobedience of the aforesaid order of this Court, this contempt petition has been filed to initiate civil contempt proceedings against the respondent.

3. The respondent filed counter affidavit dated 14.3.2008 with Annexures-R1 and R2. The complainant filed rejoinder statement on 2.6.2008. The respondent filed another counter affidavit dated 17.6.2008. IA No.2/08 was filed by the respondent to recall the order dated 18.6.2008, whereby the case had been posted for framing of charges. The Deputy Commissioner, Bangalore Urban, Bangalore has also filed an affidavit dated 8.8.2008.

4. We have perused the record and heard the learned Counsel for the complainant and the learned Advocate General for the respondent/accused.

5. Learned Advocate General by referring to the record, stated that, the direction issued by the learned Single Judge, in the order dated 22.3.2005 passed in Writ Petition No. 10178/2005, has now been complied with and hence the contempt proceedigns may be dropped. He further stated that, the delay in complying with the order was on account of the employer i.e., the Management of Dominion Chemical Industries Ltd., having sold its assets and moved out of the place and the further details being not available. It is stated that the respondent did take diligent steps to give effect to the said direction of this Court and that there was no willful disobedience or non compliance, to initiate these proceedings.

6. The submission made by the learned Advocate General regarding compliance of the direction issued by this Court in the aforesaid writ petition, is not disputed by Smt. H. Mangalamba Rao, learned Counsel for the complainant. But the learned Counsel submitted that, though the order has now been complied with, the respondent who is vested with the jurisdiction to take steps to recover the amount determined by the Authority under the Payment of Gratuity Act or the awards passed by the Labour authority/Tribunal, has not been giving effect to the same and there is always considerable delay, the resultant effect being that, the workment are subjected to severe loss and hardship. She pointed out that, though the writ petition was allowed on 22.3.2005 with a direction that the amount be recovered from the employer within a period of 4 weeks, even after the filing of the contempt petition, it has taken a long period for the respondent to give effect to the direction. According to the learned Counsel, several similar cases are pending before the Authorities like the respondent and this Court should take note of the same and pass appropriate orders.

7. In view of the fact that, the direction issued in Writ Petition No. 10178/2005