Madras High Court
Desiya Murpokku Tnpl Oppantha vs Mangat Ram Sharma on 5 September, 2018
Bench: M.M.Sundresh, N.Sathish Kumar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.09.2018
CORAM
THE HONOURABLE Mr. JUSTICE M.M.SUNDRESH
and
THE HONOURABLE Mr. JUSTICE N.SATHISH KUMAR
Cont.P.(MD)No.1219 of 2018
Desiya Murpokku TNPL Oppantha
Thozhilalar Sangam (Reg.No.99/Karur),
Rep.by its President Pon.Elangovan
... Petitioner
Vs.
1.Mangat Ram Sharma,
Chairman,
Tamil Nadu State Advisory Contract Labour Board and
the Secretary to Government,
Labour and Employment Department,
Government of Tamil Nadu,
Secretariat,
Chennai 600 009.
2.V.Leelavathi,
Secretary,
Tamil Nadu State Advisory Contract Labour Board and
the Assistant Commissioner of Labour (Contract Labour),
Office of the Commissioner of Labour,
DMS Compound,
Teynampet,
Chennai 600 006.
... Respondents
PRAYER: The petition filed under Section 11 of Contempt of Courts Act, 1971,
to punish the contemnor / respondent for the willful disobedience of the
order dated 22.06.2016 passed in W.P.(MD)No.7998 of 2015 (batch) and the
order dated 23.02.2017 passed in W.A.(MD)No.890 of 2015 (batch) by this
Court.
!For Petitioner : Mr.A.Thirumurthy
^For Respondents : Mr.N.Shanmugaselvam, AGP
:ORDER
(Order of the Court was made by M.M.SUNDRESH,J.) We do not find willful or contumacious disobedience of the order passed by the Division Bench.
2.The Division Bench has directed the respondents / Board either to decide the issue of abolition of contract labour system by itself or by the sub committee. Though the sub committee has made its recommendation, the decision was not accepted by the Board.
3.In such view of the matter, the petitioner can only challenge the aforesaid decision by raising all the contentions in a Writ petition and not in this contempt petition. Accordingly, this Contempt petition stands closed, giving liberty to the petitioner to raise all the contentions in a Writ petition. No costs.
To
1.Ms.Mangat Ram Sharma, Chairman, Tamil Nadu State Advisory Contract Labour Board and the Secretary to Government, Labour and Employment Department, Government of Tamil Nadu, Secretariat, Chennai 600 009.
2.Ms.V.Leelavathi, Secretary, Tamil Nadu State Advisory Contract Labour Board and the Assistant Commissioner of Labour (Contract Labour), Office of the Commissioner of Labour, DMS Compound, Teynampet, Chennai 600 006.
.