IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CIVIL CONTEMPT NO. 255 OF 2009 Prem Chandra Sharma ……………Petitioner. Versus Sh. Mukesh Singh and another. ………Respondents. Mr. A.K. Sharma, Advocate for the petitioner. Ms. Seema Sirohi, Advocate for the respondents. Hon’ble Sudhanshu Dhulia, J. Heard Mr. A.K. Sharma, Advocate for the petitioner and Ms. Seema Sirohi, Advocate for the respondents. On perusal of the contempt petition, this Court is of the view that there is no occasion under the present circumstances as narrated in the petition, for this Court to exercise its jurisdiction under Article 215 of the Constitution of India read with Contempt of Courts Act, 1971. The facts of this case are that the petitioner had raised an industrial dispute, in which an award was given in its favour on 20.7.2001. The employer on the other hand challenged the said award of the Labour Court in Writ Petition (MS) No. 487 of 2002 U.P. Transport Corporation Vs. Presiding Officer, Labour Court, Dehradun and another. The writ petition of the Management was dismissed. The contention of the petitioner now is that a civil contempt has been committed by the respondents inasmuch as though the writ petition of the employer /manager has been dismissed by an order of this Court in Writ Petition (MS) No. 487 of 2002 on 27.8.2008, yet they are not complying 2 with the award of the Labour Court. This according to the petitioner amounts to a civil contempt. In view of this Court, there is no order of this Court, which has been violated and therefore, there is no occasion for interference or exercise its jurisdiction under Article 215 of the Constitution of India read with Contempt of Courts Act, 1971. If at all, an order of the Labour Court has been disobeyed or breached. The remedy can consequently only be assailed under the necessary provisions of Industrial Disputes Act, 1947 or under Section 33 C (2) of the U.P. Industrial Disputes Act, 1947. The instant contempt petition is accordingly dismissed. (Sudhanshu Dhulia, J.) 12.3.2010 Rathour