19 December 2020
Sir recently regarding ONGC 577 termbase case the Honourable Supreme Court vide its order dated 13th February 2020 gave its order that we are of the view that the Corporation must treat the concerned works which include 111 out of these 577 employees who have been regularized earlier to be in regular employment on and from the date on which the industrial dispute was referred i.e. 21.12.2004 and accordingly grant all actual benefits from the Said date till 01.04.2013. The other directions that have been given by the learned Single Judge will remain intact. It allows the appeal in the aforesaid terms.
Sir currently my case related to ONGC 577 termbase employees case is lying pending at Labour Court CGIT Ahmedabad Gujarat
My query is can I file a contempt of court against ONGC when my case related to 577 is pending at labour court (at the last stage of argument and decision) since again ONGC denied to pass on the benefit to me. Kindly suggest and guide
19 December 2020
You cannot file a contempt petition when your case is pending in the labour court, without finally being adjudicated in your favour.
In regard to ONGC verdict, as it is understood from this query alone, nobody can file a contempt case in the Supreme Court as it is only a declaratory verdict, which exposes the final position of law or its interpretation by the Supreme Court.
This verdict will form the basis of adjudication of your cases and other cases. If serves only as a foundation of numerous verdicts by many subordinate or high courts in a similar cases.
A contempt case can be filed only when there is a specific direction of the court to someone to do some specific thing. It is used as a tool for enforcement of a decree or court order.
Many judges do not use contempt court so frequently as its overuse will make it an ineffective tool in the long run.