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S. Ravi & Others v/s Dev Anand Vijayan, Executive Director, The Management of Sri Karthikeya Spinning & Weaving Mills Pvt. Ltd., Formerly known as Perur Engineering Products, Coimbatore


Company & Directors' Information:- SRI KARTHIKEYA SPINNING AND WEAVING MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1947PTC000182

Company & Directors' Information:- ANAND PRIVATE LIMITED [Strike Off] CIN = U00000DL2001PTC109063

Company & Directors' Information:- ANAND ENGINEERING PRODUCTS PRIVATE LIMITED [Active] CIN = U28999TN2005PTC055742

Company & Directors' Information:- ANAND PRIVATE LIMITED [Strike Off] CIN = U99999MH1975PTC018274

Company & Directors' Information:- R A MILLS PRIVATE LIMITED [Active] CIN = U17111TZ2006PTC013248

Company & Directors' Information:- S K WEAVING PRIVATE LIMITED [Active] CIN = U17115DL2004PTC129457

Company & Directors' Information:- S P SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1979PTC000862

Company & Directors' Information:- S K WEAVING PRIVATE LIMITED [Not available for efiling] CIN = U17119GJ1998PTC034952

Company & Directors' Information:- ANAND AND ANAND PVT. LTD. [Amalgamated] CIN = U99999DL1983PTC016655

Company & Directors' Information:- ANAND SPINNING AND WEAVING MILLS PVT LTD [Active] CIN = U18101HR1973PTC006789

Company & Directors' Information:- A M ENGINEERING PRIVATE LIMITED [Amalgamated] CIN = U65910MH1981PTC187856

Company & Directors' Information:- W. E. ENGINEERING PVT. LTD. [Active] CIN = U52335WB1985PTC039370

Company & Directors' Information:- K. S. A. PRODUCTS PRIVATE LIMITED [Active] CIN = U51220PB2014PTC039023

Company & Directors' Information:- D ENGINEERING PRIVATE LIMITED [Active] CIN = U29269TZ1932PTC000046

Company & Directors' Information:- M P SPINNING AND WEAVING MILLS PRIVATE LIMITED [Active] CIN = U17120MH1974PTC017191

Company & Directors' Information:- DEV PRODUCTS PRIVATE LIMITED [Active] CIN = U17111UP1993PTC015759

Company & Directors' Information:- ANAND AND CO. P. LTD. [Active] CIN = U74899DL1988PTC031346

Company & Directors' Information:- S K ENGINEERING CO PRIVATE LIMITED [Strike Off] CIN = U05001UP1952PTC002408

Company & Directors' Information:- R. A. SPINNING MILLS PVT LTD [Strike Off] CIN = U17115PB1988PTC008852

Company & Directors' Information:- ANAND LIMITED [Active] CIN = U51101WB2010PLC148865

Company & Directors' Information:- ANAND (INDIA) PRIVATE LIMITED [Amalgamated] CIN = U74591DL1998PTC095751

Company & Directors' Information:- D E ENGINEERING PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U29113WB1999PTC088830

Company & Directors' Information:- S AND A PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51311DL1991PTC042938

Company & Directors' Information:- DEV PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U36999GJ1995PTC024744

Company & Directors' Information:- RAVI SPINNING LIMITED [Under Liquidation] CIN = U17110MH1986PLC040205

Company & Directors' Information:- S R MANAGEMENT PRIVATE LIMITED [Active] CIN = U74140MH2000PTC129839

Company & Directors' Information:- RAVI AND COMPANY LIMITED. [Strike Off] CIN = U74300JK1997PLC001627

Company & Directors' Information:- ANAND PRODUCTS LTD [Amalgamated] CIN = U52110DL1983PLC016656

Company & Directors' Information:- B-ANAND AND COMPANY PRIVATE LIMITED [Strike Off] CIN = U45203DL1988PTC032328

Company & Directors' Information:- ANAND WEAVING MILLS PRIVATE LIMITED [Active] CIN = U17115RJ1994PTC008585

Company & Directors' Information:- IN ENGINEERING PRIVATE LIMITED [Active] CIN = U74210DL2011PTC212284

Company & Directors' Information:- THE ENGINEERING CORPORATION PRIVATE LIMITED [Strike Off] CIN = U99999KA1951PTC000699

Company & Directors' Information:- DEV ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U34300DL1988PTC032275

    Contempt Petition No. 1024 of 2018 against M.P. No. 3 of 2014 in W.P. No. 6187 of 2014

    Decided On, 21 October 2019

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM

    For the Petitioners: A. Deivasigamani, Advocate. For the Respondent: Anand Gopalan for M/s. T.S. Gopalan & Co., Advocates.



Judgment Text

(Prayer: Petition under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent for the non-compliance of the order passed in M.P.No.3 of 2014 in W.P.No.6187 of 2014 dated 31.03.2015.)

1. This contempt petition is filed to punish the respondent for the wilful disobedience of the orders passed by this Court in M.P.No.3 of 2018 in W.P.No.6187 of 2014, dated 31.03.2015.

2. The learned counsel for the contempt petitioners made a submission that the 17-B wages as ordered by this Court has not been paid to the petitioners.

3. The contention of the learned counsel for the respondent-Management is that all along they are ready and willing to reinstate the contempt petitioners in their unit, which is being run in Coimbatore.

4. The learned counsel for the respondent states that the contempt petitioners were initially working at Coimbatore unit and they were transferred to Gobichettipalayam unit, but the petitioners refused to join at Gobichettipalayam. Again the Management was willing and ready to provide job at Coimbatore unit itself.

5. Today, the learned counsel for the respondent-Management filed an affidavit dated 18th October, 2019 stating that on 16.10.2019, the petitioners/workmen came to the mills and contended that unless they paid higher salary as claimed by them, they will not report for work. The Management informed the workmen that they will be paid wages as they are eligible and also informed that the question of payment of wages would arise only after they work for 30 days. Accordingly, the workmen were advised to join duty at the first instance, if they are not engaged elsewhere and join duty without getting into an argument with the Management with regard to the quantum of wages. However, the workmen did not listen the advice of the Management and left the premises abruptly. On the same day, a communication was addressed/sent to the workmen about the incident occurred on 16.10.2019. Yet another letter dated 17.10.2019, was also sent to all the workmen advising them once again to report for duty and also explained about their payment of wages.

6. Even in the affidavit now filed before this Court, the Management has stated that the workmen can report for duty even now and they will be paid wages that they are eligible. Under these circumstances, this Court is of the considered opinion that the petitioners are not willing to report for duty. If at all they are willing to report for duty, even now they can do so, as per the affidavit now filed by the Management before this Court in this contempt petition.

7. An employee even before joining duty cannot quarrel regarding the fixation of wages. The Management has also stated that only after working for 30 days, they are entitled for wages. Contrarily, the workmen picked up arguments with the Management and left the premises. Under these circumstances, this Court is of the considered opinion that the workmen are not entitled for 17-B wages, as the very conduct would pave way for drawing a factual inference that they are employed elsewhere. In other words, the factual inference to be drawn in such circumstances is that the workmen are not interested in reporting for duty, as they would have employed elsewhere. T

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his being the facts and circumstances of the case, this Court is of the opinion that the contempt petitioners have not made out any case for invoking the jurisdiction of Contempt of Courts Act, 1971 and there is not wilful disobedience as such on the part of the Management. 8. With the above observations, this Contempt petition stands dismissed. No costs.
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