; N ,C.%x%§w .&\\§\YX§N §&\ Wkvm“ . 5%? wN kg §W .mgvukVgxnww §txw§Vv®RQESY A,3x§x&; _\VV 9§§5§x MQYV 9til§t _o\E$\ g §Rm§$$§ “W\\\M% bm §§§e§ _ a» w Ou § HIGH COURT OF CHHATTISGARH BILASPU RV ContemptCase (Criminal).No.2 of 2007 ‘ In reference through D.S. Jain, President, Industrial‘ Court, , ~ Chhattisgarh, Raipur ‘ . ‘ ' ' ‘ ‘ r "~ Versus A K Sharma and others v {Reference under Section 70 read wrth Section 105 of the Chhattlsgarh Industnal Relations Act 1960} resent: " , P M r. Arun Sao} Gevt.’ Advocate for the‘State. 7 " ‘lvuslon Bench - on’ble Mr T P Sharma and on ble Mr R L Jhanwar, JJ t Is. n, ORAL ORDER (16 11 2010) T P Sharma J - r ference made by the then Presrdent of the State tndustnat - ”s attlsgarh Virtually against the State Government who has d Bench of the Industrial Court at Bllaspur The reference has u nder Sectlon 70 of the Chhattlsgarh Industrial Relatlons Act 1960 (for hort ‘the Act) for Interpretation and also for contempt of Court” V ‘ by other kinds ' .2. As per the reference by constituting and estabhshmg Bench of the lndustnal Court at Bllaspur the State Government has committed the '1’ contempt of State lndustnal Court On perusal of Section 105 of the Act which reads as follows we do not find any case of contempt agalnst th St G bn rn ee ‘ ate overnment “105 Other kmds of contempts of Board Industrlal-a Court and Labour Court ——(1) lf any person commlts’ , any act or pubhshes any wrrtrng whlch lculated to mproperly Influence a Board the Indu Court or a Labour Court or to bring such Court Board or a member' of a preSIdIng offcer thereof Into dlsrepute or contempt" or to lower Its or hrs authority or to Interfere wrth the lawful process of any such Court or Board such person “ shall be deemed to be gurlty of contempt of such Court or Board as the case may be r D H A H e h e ‘ , a 1 s i (2) In the case of contempt of itselfi the Board r he lndustrial. Court shall record the facts constituting t the (3) In the case of contempt of it, a Labour Cour shall record the facts constituting such‘contempt and make a report in‘that behalf to the Industrial CoUrt, and thereupon, the Industrial Court may, if it considers it expedient to do so, forward the report to the’High Court. o t such contempt and make a report in that behalf o High Court. t (4) When any intimation or report in respect of any contempt is received by the‘High Court under sub- ection (2) or sub-section (3) the High COUrt shall deal ith such contempt as if i-t were contempt of a court ubordinate to it and shall have and exercise in respect of it the same jurisdiction, powers and authority in accordance with the same procedure and practiceas it has and exercise in respect of such contempt.” 3. Consequently,vthe contemptcase is hereby dismissed. sui- " ‘ T. P. Sharma vJudgeH Sd/— R.L. Jhanwal‘ Judge . s w s I ‘ “