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2000 Supreme(Guj) 630

C.K.BUCH, K.R.VYAS
MULJIBHAI BHURABHAI – Appellant
Versus
UPENDRA VYAS – Respondent


Advocates Appeared: D.S.VASAVADA SHUKLA, D.V.PATEL, K.K.SHAH, MUKUL SINHA, N.R.SAHANI, P.C.MASTER, P.H.PATHAK, S.N.PAHVA, SUBRAMANIAM IYER, V.B.PATEL

K. R. VYAS, C. K. BUCH, J.

( 1 ) THE applicant- workman has made a grievance in this application that even though the Industrial Court has passed an award dated 13th September 1999 in Appeal (IC) No. 43 of 1995, in his favour, he is neither reinstated nor paid back wages and, therefore, the respondents be held guilty of having committed wilful contempt of the Court and to punish the respondents as per the provisions of Contempt of Courts Act.

( 2 ) THIS is one of many such matters whereby the concerned workman, instead of executing the award under section 33 (C) of the Industrial Disputes Act, has filed application under section 10 of the Contempt of Courts Act, 1971. This Court entertains such applications in view of different set of decisions in the matter. The questions involved in these applications are : (I) Whether the Labour Court is a Court within the meaning of Contempt of Courts Act ? (II) Whether the contempt proceedings are maintainable when adequate remedy under section 33-C of the Industrial Disputes Act is available ?with a view to decide these questions finally, we sought assistance of all advocates by issuing a notice. In response to the same, the learned advocates




















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