Karnataka High Court
Nyathappa L vs Sri Ashivani Kumar Datt C M D on 17 October, 2011
Bench: N.Kumar, Ravi Malimath
font IN THE HIGH COURT OF KARNATAKA AT BANGALORE. DATED THIS THE 17™ DAY OF OCTOBER 2011 : THE HON'BLE MR. JUSTICE N.RUMAR_ AND THE HON'BLE MR.JUSTICE RAVE MALIMATH CCC.NO.221 OF 2010(CIVIL). BETWEEN: L.NYATHAPPA S/O LATE LAKSHMAIAH AGED ABOUT 60 YE PARS, . RESIDING AT 403, 77° CROSS. 6" MAIN ROAD, heart MATHIKERE, BANGALORE -- 560 054. ~ (BY Sri L. NYATHAPPA, PARTY-IN-PERSON) e AND Sri ASHIVANI KUMAR DATT, C.M.D., -M/s.BHARAT ELECTRONICS LTD., "f& GOVT. OF INDIA ENTERPRISES, ; "MINISTRY OF OF ENCE), "BY THE CHAIRMAN & MANAGING DIRECT OUTER RING ROAD, a bee OR, =
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\ NAGAVARA, BANGALORE 560 O45.
2. Sri VENKATESHA MURTHY M.S., S/O K.S.SUBBANNA GENERAL MANAGER (H.R.) M/s, BHARAT ELECTRONICS LTD, JALAHALLI POST, oe BANGALORE ~ 560 013. RE CUSED (BY Sri VISHWANATH, ADVOCATE FOR AL&A Bi Neneh ok OK This CCC filed under'section 11.& 12 of the Contempt of Court Act praying to initiate, contempt proceedings ie r ainst the accused for disobs eying. 'he order dated ag 17-06-2008, order. dated. 25-00- 2008,-.0rder dated 23-G7-2009 In WLA No.381/2008(S) % and W. )-P.No.5703/91 dated 13.02.1998, UW.A.No. 1366/1998 and W.P.No.20507/ 2605(S-RES) on 24-01-2008 6 CCC coming en fo af hearing this day, N.KUMAR ., nade the fol lowing:
This "Contempt Setition is filed complaining the "disobedien nce of the e order dated 17-6-2008, 25-9-2008 and "o.1366/1998 and Writ Petition nio.20507/2005 dated 24-41-2008 and which contained 4 direction to tne respondents to pay 4 sum of kRs.6,61,37,121/- (approximately) immediately and algo a sum 'of. Rs.3,98,09,085/-.
2. The petitioner joined the servic es. of. the first .
respondent M/s. Bharath Flactronics Ltd. as Helper with ification. The respondents Company teking into consideration tne physical disabinty of the petitioner appointec nim on compassionate. grauhds-to the post of Helper. He claims that after. joining the post of Helper he had acquir ed ariqus other . gualifications including @ Diploma in eictrial Engir neering, Pest Diploma in Quality Assurance in Equi or ent and 8.E., Course etc., and _there efore ne sought for fromotion on the basis of aforesaid
- acquired qualifications and when the same Was rejected, he. preferred, a Writ Patition before this Court in Wht "fi} to promote him to the post of Technica! Assistant Trainee w.e.f. 1.9.1977; Gi) to promote him to the post of Highly skilled Mechanic (Trainee) w.e.f 1988 ;
ir
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a ~ cm cD = co ih oh rod na a ee oo eo mane a S| ae) he oO were promoted."
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The matter was conmtestets Thereafter this: ; th the endo orsement "issued to bim sid directed the respondents, Compéay to reeans 'ider the application of the petitioner dated i4-5-1988' to the post of Highly Skilled Mechanic (Trainee) ard consider his application for the aforesaid past Keeping | in vi aw the order made by them "sometime in rhe month of March, 1997. If the respondent Company comes to to the conclusion that the petitioner can hold | that post, they should issue a suitable order from tne uniors were promoted to the post of the Highly Sided Mechanic (Trainee). In so far as the request of the satiate .
Ut i petitioner for the post of Technical Assistant js concerned, selecting a Technical Assistant had found thatthe. petitioner was not sui itable for the sai id post. The. otder t has order before any Forum. if nor matter 'this Court declined to grant any reliefh in in "sO far as | that f pra yer of the petitioner is concerned. Agar coed" by. the sal sid order the respondents preferres 'a Wr Aobeat 15.1366/ {1998 and the said ap opee ai came to be. dismissed and thus the said orders nave atiained finality. After the passing of the SaiG orders. complain nig" th at. te respondent has not obeyec aks orders, th <e| petitioner filed a contempt Petition in COC No.2300/1998. The said Contempt Petition Court, in the Contempt proceedings is in pursuance of the _communicati ion which is issued by tne respondents to the g tan "2.6 monsegen" on the order oPassee'® ane Petition cited apove we wish to inform you t ti hat as EP h directed by the Honourable High Court, you are. ty deemed to have been selected for the. post oO! Highly Skilled Mechanic ¢ Train nee). wef 02/11/1988 have been Graded in ihe . said post wer 04/11/1989.
2.0 Further you are deemed to have been promoted as Enginecr! ing Asst WITT with effect from O4/ 14/9310 Wade Group VII of Career Path Vi in Career Plan introduced OO te uu promotions will be as per the Officer Order cited above:
3.0 You are hereby transferred to BTV DMISION with immediate effect. You are directed fo report --
to AGM (BTV)."
At the bottom of Annexure-R3 there is an endorser rit which says that the order was issued on 14-8-2008 in the © presence of D.G.M. FABN and Person nel off cer, but was refused. All the three officias nave wffixed the ain s signature.
thereafter it appears that the petitioner, nas, | addressed a letter dated 2-2-2002; claiming. promatio n and also Facer before this court Tie writ Petition No.50002/2003 which carne to be dispused off, da 16" April, 2004 with a direction tg the -netitioner fo.gupmit an appropriate representation with regard to 'his acceptance of Annexure-B and seek enefits. "Further the respondents were directed fe . consider the same on its merits including the effect of refusal to accept the same and pass orders in accordance "with Jaw within four weeks from the date of receipt of copy of this order. The representation given by the petitioner in terms of the said order was considered and it came to be.
reiected as per Annexure-R6 dated 32-5-2004. The reasor.
the letter dated 8-9-1998 in terms of the ne eset Writ Petition No.5703/1994 which wag: confirmed in writ Appeal No. 1366/1998. He has "not, reported to tne promotional post and not: virked 7 tre promotional post. Moreover, "é alse applied. for - uncanaitiona yOILIntary retirement. Under ; ihe condit ons af the Voluntary Retirement S€ herr 8 oF the "Company , the Company nas le a fay 3 am aS ce fh i.
= = Z| ome me a ee Mm ae ca ct fas] ee) o "iy accepted tne sane ane _Company has paid the antire amounts due to him in full : ang final settiemen nt of his claims and therefore he has no right -to claw anything from the Company for the period _earliet to voluntary retirement. However, the calculations 7 furrit ished by him are imaginary and baseless and therefore i fey expressed their regret to consicer hig request and make any payment as per the calculation. Thereafter, the petitioner approached this Court by filing a Writ Petition No.20507/2005 challenging the aforesaid letter, Atte endorsement dated 22-5-2004 was quashed and tne . respondents were directed to extend all the bénefits in terms of their own order cated 8- Se 1998 as expeditiously ae Sot od rate
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uf as possibile and in any everit rot jeter than tw from the date of receipt of copy of the ardere The appeal Single Judge, in. Wr. ap, real No 381/: 2008 dated 23 July, 2009. Thereaties, "the. "petitioner made one more repe resentation on 3127-2009 and 5-9-2009 calling upon the respotilents to. honour the aforesaid Judgments and "make payment: In pursuance of the same, Annexure-Ri2 came "to be issued which is dated 9-12-2009 setting out tne sequence éf avents and also rejecting the claim of tre vetitioner for a sum of Rs.6,18,68,666/- and making 4 payment of Rs.27,463/- by way of cheque. Along with the
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letter they have enclosed the ° Payrolls ~ Central Finance showing the Month, Dre-revised basic, Basic, VDA, mea Total, Promoted to Wage Group VII Group IX and after such calculations a sum of -Rs.27 46 3/-
was due. They enclosed a cheque for the said amount drawn on the State Bank of india, Hyderahad, dated 8° pecember, 2009. It is thereafter the pe etitioner 'has filed this Contempt Petition claimnitg ihe aforesaid amount.
2. The. petitioner is @ party-in-person. We have heard the petitioner.as weil as the respondent's counsel.
Al From the aforesaid material it is clear that that int he, first instance this Court directed the respondents to grant him promotion. According to him, the earlier decision i A you?
i which order was upheld by the Division Bench and attained finality, if is thereafter for non-compliance of the same Ne fied a Contempt Petition. During the pen dency; "of. . the. a Contempt Petition the respondents issued Annevure- R3 4 extracted in extense earlier. when, they gave bien promotion in terms of the directio AS issued: by this: Court and requested him to take a copy © of the said order he nas declined fo FECEIVE: the same. After giving promotion ne has been trans fe red t > BEL wi ith immediate effect. He did not report for gut yOn the 2 e contrary he files an application for voluntary SS rement wt nich was accepted. Then ne approached® the 'court complaining of non-payment of _dues, not granting of promotion and this Court directed tne
- respondents te on sider over and again his representation in-accordance with law taking into consideration ris past
- condt uct. : Wien that liberty was given te the respondents con the ground of hig indiscipline they rejected his request.
6 But the said endorsement came to be challenged before os matter of contempt proceedings. In none of the matters the amount paid to the petitioner Is mentioned. Hot weve i direction was issued to the respondents to took lfite "the , entitied to in law. Therefore if the grievance "of the» by the respondents first ne must establish fis right to the said amount and it is only. thereafter ne can, oe said to be entitled to that amount. That exercise canfiot be GONE, in contempt Petition, ance the cespondents ha ve obeyed the orders and cain 6 with the directions, then the 5f thé. Contempt. Court comes to an end. On had compli ied with the order and this contempt Petition ~ itself. is migconiceived. In that view of the matter, we do not see any merit in this Contempt Petition. Accordingly, it "ig dismissed."
& wn EA oe However, berty is grantec to the petitioner to establish his claim for the amount which ne has claimed in.
the Contempt Petition in a manner known to lew invan