cp150.06 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ CONT. PETITION NO. 150 OF 2006 ,In WP/7476/2004 PANTHAR POWER KAMGAR SANGHATANA VERSUS GLEITLAGAR INDIA LTD. ... Advocate for Petitioner(s) :Mr. R K Khandelwal Advocate for Respondent(s) : Deshmukh Rajendra S. ... CORAM : S.S. SHINDE, J. Dated: August 23, 2011 .. Heard. 2 The learned Counsel appearing for the petitioner makes a request for adjournment. The request for adjournment is rejected. As held by the Supreme Court in case of Supreme Court Bar Association vs. Union of India and another [(1998) 4 SCC 409], in the matter of contempt the jurisdiction of Court is not adversarial in nature. The party who brings to the notice of the Court the contumacious conduct is only an informant and not a litigant.. cp150.06 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ 3 This contempt petition alleges disobedience of the order passed by this Court on 20.12.2004, which reads thus: " Heard Shri P.K. Joshi, learned Counsel for the petitioner. Notice before admission returnable after six weeks. Shri J.N. Singh, learned Counsel waives service for the caveator. Ad. interim relief in terms of prayer clause "E" on condition that the amount of bonus payable to the employees at the rate of 8.33% on also the salary from 1/11/2004 to the employees shall be deposited in this Court within a period of six weeks from today. S.O. after six weeks." 4 In pursuance to the notice issued in this Contempt Petition, one Mr. Rajesh s/o Madhavsingh Kapadiya has filed affidavit-in-reply. Paragraphs 7 to 10 of the said affidavit-in-reply reads thus: "7 I say and submit that, the above mentioned orders are passed after hearing both the parties. In persuance of the order passed by this Hon'ble Court dated 20/12/2004, the company has deposited Rs.6,42,886.54 Paisa, by Demand Draft, which is drawn in favour of the cp150.06 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ "Registrar, Hon'ble High Court of Judicature of Bombay bench at Aurangabad". The company has also given a chart/statement of the wages of the employees with details in respect of their salary of the employees for the period from 01/11/2004 to 23/11/2004. 8 I further say and submits that, the company has also deposited amount of Rs. 45,278/- as against the "bonus" for the year, 2001-02 at the rate of 8.33% as per the provisions of 'Payment of Bonus Act'. 9 I further say and submits that, the company has deposited the bonus amount for those employees who are eligible for the bonus, as per the Payment of Bonus Act and I have strictly complied the order of the Hon'ble Court. 10 I further say and submits that, the above company is law abiding company and as per the provisions Payment of Bonus Act, those employees are eligible for the bonus, the amount towards them has been deposited in this Hon'ble Court alongwith the list of such employees by the respondent's company and company has also deposited an amount of Rs. 5,97,608.54 Paisa for the wages of employees to whom, the contempt-petitioners union is representing for the period of 01/11/2001 to 23/11/2001." 5 In the light of the affidavit-in-reply of said Mr. Rajesh Kapadiya and in particular, the statements made in paras 7 to 10, in my opinion, the order of cp150.06 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ which disobedience is alleged in this Contempt petition, has been complied with by the respondent. No rejoinder to the affidavit has been filed by the petitioner. 6 In that view of the matter, nothing further survives for adjudication in this contempt petition. Contempt Petition stands disposed of. Notice stands discharged. If the petitioner feels aggrieved by any calculation made by the respondents, they can avail appropriate remedy as per law. (S.S. SHINDE, J.) PLK/*