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2000 Supreme(Guj) 892

KUNDAN SINGH, R.K.ABICHANDANI
JAISINH JODHABHAI VAISYA AND GROFED EMPLOYEES UNION – Appellant
Versus
LAXMANBHAI ARSHIBHAI ZALA – Respondent


Advocates Appeared: D.C.DAVE, M.K.VAKHARIA, Mita S.Panchal, MUKUL SINHA, N.D.NANAVATI

R. K. ABICHANDANI, J.

( 1 ) IN these two applications, the learned Counsel appearing for the opponents have taken up a preliminary objection against initiation of contempt proceedings to the effect that the Labour Court and Industrial Tribunal are not Courts subordinate to the High Court and hence contempt proceedings for non-compliance of any order or award of the Labour Court or Industrial Tribunal were not maintainable. They have placed reliance on a decision of this Court in Muljibhai Bhurabhai Vs. Upendra Vyas, Manager, reported in 2000 (2) GLH 768, in which it was held that though Labour Courts/industrial Tribunals have the trappings and attributes of a "court" and they were amenable to writ jurisdiction of the High Court, they are not `courts as contemplated under the Contempt of Courts Act, 1971, and therefore proceedings for breach of any order or award made by such Courts and Tribunals are not maintainable under the provisions of that Act. The learned Counsel also relied upon the decision of the Supreme Court in Alahar Co-operative Credit Services Society Vs. Sham Lal, reported in 1995 (2) GLH 550, in which the Honble Supreme Court had observed that the Labour Court was no










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