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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Milind N.Jadhav
Dilip Kapoor, President, Suman Educational Trust – Appellant
Versus
Bhagat Mahesh Bhaga – Respondent
Milind N. Jadhav, J.
1. Heard Mr. Rawool, learned Advocate for Petitioners, Mr. Sadasivan, learned Advocate for Respondent No.1 and Ms. Gavhane, learned AGP for Respondent – State.
2. The present Writ Petition assails judgment and order dated 22.06.2022 passed by the Presiding Officer, Mumbai University and College Tribunal, Mumbai in Contempt Application No.05 of 2019 whereby Contempt Application filed by Respondent No.1 was partly allowed.
3. The facts germane to the present case are as follows:-
3.1. On 04.08.2014, Respondent No.1 – employee was appointed as Workshop Welder (Instructor) in Petitioner No.3 – Institute. On account of alleged unsatisfactory work and misconduct Petitioners issued show-cause notices dated 11.09.2015 and 22.03.2018. Thereafter, by letter dated 05.05.2018 Respondent No.1’s services were terminated and all dues payable to him as on that date were paid by Petitioners.
3.2. Being aggrieved by the termination, Respondent No.1 preferred Appeal No.19 of 2018 before the Mumbai University and College Tribunal, Mumbai. By judgment dated 15.03.2019, Tribunal allowed the Appeal and directed Respondent No.1 to be reinstated to the same post without any break
The court upheld that willful non-compliance with judicial orders leads to dismissal of petitions, reinforcing obligations to follow Tribunal directives in employment matters.
Contempt Petition - Merely because an order or decree is executable, that would not take away Court’s jurisdiction to deal with a matter under Act of 1971 on satisfaction that there has been violatio....
(1) Writ Petition – If termination order is assailed on the ground of violation of principles of natural justice or fundamental rights guaranteed under Part III of Constitution, such a grievance can ....
In contempt proceedings, the court has limited jurisdiction and cannot adjudicate claims beyond compliance issues as defined in prior orders, reaffirming the need for independent adjudication in sepa....
The main legal point established in the judgment is the obligation to comply with Tribunal orders and the consequences of unreasonable non-compliance, leading to contempt and the obligation to pay co....
The word “wilful” introduces a mental element and hence, requires looking into the mind of a person/contemnor by gauging his actions, which is an indication of one's state of mind. “Wilful” means kno....
The main legal point established in the judgment is that willful disobedience of court orders, delays in compliance, and attempts to defeat court orders constitute contempt of court, and unconditiona....
The main legal point established is the importance of prompt and bona fide compliance with court orders to avoid contempt of court.
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