The Labour Court is not a court subordinate to the High Court under the Contempt of Courts Act, making the contempt petition unmaintainable.

1. Invoking the contempt jurisdiction of this Court under S.12 of the Contempt of Courts Act, 1971 (for short, 'Act of 1971') read with Art.215 of the Constitution of India this contempt petition has been filed by the petitioner herein alleging non - compliance of award of the Labour Court as confirmed by the Industrial Court and modified by this Court.

2. In the petition filed by the petitioners under the provisions of Chhattisgarh Industrial Relation Act, 1960 (for short, 'the Act of 1960'), the Labour Court vide its award dated 23.09.1997 held that the petitioners are permanent Gangmen and entitled for pay and allowances of permanent Gangmen admissible as per Government rules.

3. Against that order, the State Government preferred an appeal before the Industrial Court. The Industrial Court dismissed the appeal and affirmed the award of the Labour Court.

4. Feeling aggrieved against that order of Industrial Court, the writ petition No. 2960/2004 was preferred by the State Government which was allowed by this Court setting aside the part of award of Labour Court / Industrial Court granting backwages to the petitioners. The State Government preferred special leave petition before the Supreme Court of India, challenging the other part of order of Labour Court holding that the petitioners are permanent Gangmen. The said S.L.P.(civil) No. 18221/2013 was dismissed on 07.05.2014.

5. This contempt petition has been filed by the petitioners alleging that the respondents / contemnors have wilfully disobeyed the award of Labour Court as affirmed by the Industrial Court and by the High Court and as such they be held guilty for non - compliance of the award of the Labour Court and be punished in accordance with the provisions of Act of 1971.

6. Shri P.P. Sahu, learned counsel appearing for the contempt petitioner would submit that the 'Labour Court' is an court sub-ordinate to the High Court within the meaning of S.10 of the Act of 1971, therefore the non - compliance of the award of the Labour Court, the respondents / contemnors be held guilty and be punished under the provisions of the Act of 1971.

7. I have heard Shri P.P. Sahu, learned counsel for the petitioner on the question of admission of the contempt petition.

8. At this stage, it would be appropriate to notice S.10 of Act of 1971, which deals with powers of High Court to punish for the contempt of sub-ordinate Court.
"10. Power of High Court to punish contempts of subordinate Courts - Every High Court shall have and exercise the same jurisdiction, powers and authority, in accordance with the same procedure and practice, in respect of contempts of Courts subordinate to it as it has and exercises in respect of contempts of itself:
Provided that no High Court shall take cognizance of a contempt alleged to have been committed in respect of a Court subordinate to it where such contempt is an offence punishable under the Indian Penal Code (45 of 1860)."

9. The question for consideration would be whether "Labour Court" is a "Court" subordinate to High Court within the meaning of S.10 of the Act of 1971.

10. The word "Court" is not defined in Act of 1971. S.3 of the Indian Evidence Act defines the "Court" as under: -
"Court" includes all Judges and Magistrates, and all persons, except arbitrators, legally authorized to take evidence."

11. The Labour Courts are constituted by State Government under S.8(1) of the Chhattisgarh Industrial Relation Act, 1960 (for short, 'Act of 1960'). The powers of the Labour Court has been provided under S.61& 6