IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 WP(C).No. 19362 of 2004(S) -------------------------- OA.45/2000 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER: ------------ 1. GENERAL MANAGER, TELECOME, B.S.N.L. KANNUR - 2. 2. THE CHIEF GENERAL MANAGER, TELECOME, KERALA CIRCLE B.S.N.L. THIRUVANANTHAPURAM. 3. UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF TELECOMMUNICATIONS, NEW DELHI. BY ADV. SRI.K.RAMAKUMAR, SC, BSNL RESPONDENTS: ------------- 1. A.PADMANABHAN, S/O.KANARAN, AYYATHAN HOUSE, THIRUVANGAD POST, THALASSERY, KANNUR DIST. 2. THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH, REP. BY ITS REGISTRAR. BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORIGINAL APPLICATION ALONG WITH ANNEXURES AND INDEX DATED 3.11.2009 EXT.P2 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER HEREIN ALONG WITH EXTS DATED 30.8.1999 EXT.P3 TRUE COPY OF THE ORDER IN OA NO. 45 OF 2000 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH DATED 6.11.2000 EXT.P4 TRUE COPY OF THE JUDGMENT IN OP 3073 OF 2001 (S) DATED 31.10.2003 EXT.P5 TRUE COPY OF THE ORDER IN R.P.NO.111 OF 2004 AGAINST THE JUDGMENT IN OP 3073 OF 2001 DATED 19.2.2004 EXT.P6 TRUE COPY OF THE APPLICATION FILED BY THE FIRST RESPONDENT BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH DATED 29.1.2004 EXT.P7 TRUE COPY OF THE REPLY AFFIDAVIT FILED BY THE FIRST RESPONDENT BEFORE CAT, EKM DATED 9.3.2004 EXT.P8 TRUE COPY OF THE ADDL. COUNTER AFFIDAVIT IN CP (C) NO. 12 OF 2004 FILED BY THE RESPONDENTS. EXT.P9 TRUE COPY OF THE ORDER IN CP(C) NO. 12 OF 2004 IN OA 45 OF 2000 DATED 17.6.2004 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR & T.R. RAMACHANDRAN NAIR, JJ. -------------------------------------------- W.P.C. No. 19362 OF 2004 -------------------------------------------- Dated this the 28th day of February, 2008 JUDGMENT C.N. Ramachandran Nair,J. This WPC is filed against contempt proceedings. It is seen from the interim order passed by this Court on 5.7.2004 that this Court directed immediate implementation of the final order in the O.A. Obviously the order would have been complied with. If the order is complied with we do not think respondents will be keen to pursue the contempt proceedings. We therefore allow the WPC quashing the contempt proceedings. However, if the order is not complied with the Tribunal can proceed with the contempt. (C.N.RAMACHANDRAN NAIR) Judge. (T.R.RAMACHANDRAN NAIR) Judge. kk 2