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1962 Supreme(Bom) 93

IN THE HIGH COURT OF BOMBAY
Tambe Y.S. and Gokhale H.R. , JJ.
Appellants: Registrar, High Court, A.S., Bombay
Vs.
Respondent: S.K. Irani and Anr.
Misc. Civil Appln. No. 25 of 1962 with Criminal Appln. No. 339 of 1962
Decided On: 05.12.1962
Counsels:
For Appellant/Petitioner/Plaintiff: M.A. Rane, Asst. Govt. Pleader
For Respondents/Defendant: Party in person

Headnote:

CONTEMPT OF COURT - [KEYWORD] - [SUBJECT] - [ACT SECTION LIST] - [SUMMARY]

Fact of the Case:

Mr. Irani, an advocate, and Mr. Master, a client, wrote letters alleging criminal conspiracy and fraud by the Payment of Wages Authority, Mr. Kotwal, and others. Miss Master, Mr. Master's sister, tried to snatch the consent terms from Mr. Kotwal in court.

Finding of the Court:

The court held that the letters and Miss Master's actions constituted contempt of court. The court found that the Authority under the Payment of Wages Act is a Court within the meaning of the Contempt of Courts Act and that the allegations made in the letters were scandalous and intended to undermine confidence in the Authority.

Issues: Whether the Authority under the Payment of Wages Act is a Court within the meaning of the Contempt of Courts Act.

Ratio Decidendi: The court held that the Authority under the Payment of Wages Act is a Court within the meaning of the Contempt of Courts Act because it has the power to give definitive judgments that are binding on the parties, subject to appeal.

Final Decision: The court punished Mr. Irani and Mr. Master with fines for contempt of court.

Judgment

Tambe, J.

1. Both these matters can be disposed of by one judgment as they arise out of the same subject-matter. By Criminal Application No. 339 of 1952 the Government Pleader has moved this Court that opponents Nos. 1 to 3, viz., Mr. S. K. Irani, an advocate practising in this court, Mr. K. A. Master and Miss Master, have committed contempt of Court and action be taken against them under the Contempt of Courts Act and they be punished. Criminal Application No. 339 of 1962 has been made on the basis of a report made by Mr. A. G. Kotwal, 2nd Addl. Authority under the Payment of Wages Act, Greater Bombay.

2. The facts in brief are:-- Mr. K. A. Master, the second opponent to Criminal Application No. 339 of 1962 had filed an application (Application No. 4492 of 1959) against M/s Jeena and Co. before the Payment of wages. Authority claiming certain amount as wages. This applicaiton was placed for disposal before Mr. A. G. Kotwal, 2nd Addl. Authority under the Payment of Wages Act, Bombay. It appears that the application was filed beyond the period of limitation. On 24th March 1961 Mr. Kotwal after hearing the parties condoned the delay in filing the said application. In due course a stage was reached for recording evidence, and 17th August 1961 was the date fixed for recording evidence. On that day some evidence was recorded and it appears that D. N. Salway, witness for Mr. Master, was in the witness-box by the end of the day. On the next day, i.e., 18th August 1961, an application was mads by Mr. Master asking for time to file an application for declaring Salway as a hostile witness. The case was adjourned to 22nd August 1961. On this day, Mr. Kotwal also inquired from the parties about the possibility of an amicable settlement of the case, and both the parties expressed their willingness to settle the matter. There was certain talk about the terms of the compromise. There was a suggestion that the amount of wages to be paid by M/s Jeena and Co. to Mr. Master should be left to Mr. Kotwal. There was also a demand on behalf of Mr. Master that not only he should get his wages but he should be reinstated in service. But to this demand of Mr. Master for reinstatement in service, M/s Jeena and co. were not agreeable. On 22nd August the parties informed Mr. Kotwal that the talks for settlement had broken down on the question of reinstatement. Mr. Irani, the first opponent before us, who was appearing as Counsel before the Payment of Wages Authority then, asked for time to file an objection for declaring Salway as a hostile witness. Mr. Master was directed to file his objection before 16th September 1961 and the other side was directed to file its reply before 13th November 1961 and the case was fixed for further hearing, by mutual consent, on 27th, 28th and 29th of November and 1st of December 1951. Mr. Master, however, did not file the application by the ordered date, but on the other hand, from time to time, asked for further time. On 4th November 1961 the advocates for the parties saw Mr. Kotwal in his chamber, and Mr. Irani informed Mr. Kolwal that Mr. Master was not insisting on the term of reinstatement and, therefore, the settlement was likely because the parties were determined to settle all the disputes. The case was, therefore, first fixed on 13th of November and then adjourned to 27th of November. We should have mentoined earlier that M/s Jeena and Co. were represented by M/s Gagrat and Co. Solicitors and two of their partners, Rustom Gagrat and Jehangir Gagrat were appearing from time to time for M/s. Jeena and Co. We should have also mentioned that Mr. Irani who was appearing as Counsel for Mr. Master, is also his brother-in-law. The third opponent Miss Master is the sister of opponent No. 2 Mr. Master.

3. On 27th of November 1961 the parties and their Counsel appeared before Mr. Kotwal. Miss Master also was present in Court. Mr. Kotwal suggested to the parties to fix amicably the figure of compensation or wages payable



















































































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