vsa CP207_2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CONTEMPT PETITION NO. 207 OF 2010 Shri Tulshiram S. Shinde & Anr. ...Petitioners vs. Shri D.S. Chavan & Ors. ...Respondents Shri R.D. Bhat for the Petitioners. Mr. A.I. Patel, AGP, for Respondent No. 2 CORAM :A.S.OKA,J. DATE : 13th December, 2011. P.C. Heard the learned Counsel appearing for the Petitioners and learned AGP appearing for the second respondent. Though belatedly, payment of back wages as per the Order dated 13th September, 2004 passed by the Labour Court has been made. 2. The grievance of the Petitioners is as regards non- compliance with the following direction issued by the Labour Court: ....... Shri Shinde and Shri Shelte should apply for the post of the peon with the first party no. 2 through the employment exchange and if there are post available of the peons then the State Central Library to consider them to preference to outsiders. 3. Perused the affidavit filed by the Director of Directorate of Libraries, Maharashtra State and the affidavit in rejoinder of the 1st Petitioner. Perusal of the affidavits show that the case of the Petitioners for appointment has been considered. If the contentions vsa CP207_2010 raised by the Petitioners in this behalf are taken as correct, at highest, the same amount to saying that there is an error committed by the concerned respondent while considering the case of the Petitioners. Therefore, remedy of the petitioners is to challenge the action of the concerned authority of declining to grant the employment. 4. Obviously, this is not a case of willful breach of the Order passed by the Labour Court. By keeping the remedy of the petitioners open, the petition is disposed of. (A.S. OKA, J.)