THE HONOURABLE SRI JUSTICE N.V. RAMANA Contempt Case No.1571 of 2010 ORDER: This contempt case is filed complaining willful disobedience on the part of the 1st respondent herein in complying with the order of this Court dated 06.07.2006 passed in W.P.M.P. No. 16915 of 2006 in W.P. No. 13604 of 2006, whereunder this Court granted interim suspension of the award of the Labour Court impugned in the writ petition, subject to the 1st respondent herein complying with the provisions of Section 17-B of the Industrial Disputes Act, 1947. Petitioner states that the 1st respondent-management stopped payment of 17-B wages to him, on the ground that he retired from service on attaining the age of superannuation, and when the writ petition is still pending before this Court, the question of retirement on attaining the age of superannuation does not arise. The 1st respondent filed counter-affidavit, wherein it is categorically stated that the petitioner attained the age of superannuation by 31.12.2008 as per the date of birth furnished by him in the ESI records, but however, due to oversight the 1st respondent retired the petitioner from service with effect from 31.11.2009 i.e. nearly about 11 months after his attaining the age of superannuation and that till his retirement, he was paid wages under Section 17-B of the Industrial Disputes Act, 1947, as per the orders of this Court. Heard the learned counsel for the petitioner and the learned counsel for the 1st respondent. So far as compliance of the provisions of Section 17-B of the Act by the 1st respondent, is concerned, it is the categorical stand of the 1st respondent that the petitioner was paid 17-B wages till his retirement on attaining the age of superannuation. However, according to the petitioner, the question of his retirement on attaining the age of superannuation during the pendency of the writ petition does not arise. This cannot be gone into in the present contempt case and the petitioner has to canvass his grievance in this regard in the writ petition. The contempt case is accordingly closed. __________________ JUSTICE N.V. RAMANA 10th December, 2010 IBL