Bombay High Court
KRANTIKARI KAMGAR UNIONversusVASUDEV B PRABHU
- Decided
- Disposal
- Disposed Off
- Bench
- AMIT BORKAR
Holding
The Court held that no further adjudication survives and therefore the contempt petition stands disposed.
Summary
The petitioner, Krantikari Kamgar Union, filed a contempt petition alleging that the respondents willfully disobeyed a judgment dated 13 December 2023 and an award dated 30 November 2019 concerning back wages. The respondents submitted an affidavit dated 3 September 2025 along with Exhibit “A” detailing the computation of back wages from October 2009 to March 2022. They further undertook to disburse the payable amounts within two weeks, subject to statutory deductions such as provident fund. The petitioner, on instruction, agreed that the workers could accept the disbursed amounts without prejudice to their right to seek enhancement later through appropriate legal proceedings. The Court examined the respondents' statement and concluded that it satisfied the requirements of the earlier orders, leaving no unresolved issue for contempt. Consequently, the contempt petition was disposed of.
Issues considered
- Whether the respondents' alleged failure to comply with the 13 December 2023 judgment and the 30 November 2019 award constitutes contempt of court
- Whether the respondents' undertaking to pay back wages within two weeks, subject to deductions, extinguishes the alleged contempt
Subjects
- contempt
- willful disobedience
- judgment enforcement
- back wages
- labour dispute
- statutory deductions
Judgment
21-cp331-25 Final.doc
MPBalekar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CONTEMPT PETITION NO. 331 OF 2025
IN
WRIT PETITION NO. 1164 OF 2022
Krantikari Kamgar Union … Petitioner
V/s.
Vasudev B. Prabhu and Anr. … Respondents
Adv. Jane Cox i/by Vinayak Sutar for the petitioner.
Mr. Rahul Nerlekar a/w Amruta Nerlekar for the
respondents.
CORAM : AMIT BORKAR, J.
DATED : APRIL 2, 2026
P.C.:
1. The present contempt petition has been instituted by the
petitioner alleging willful disobedience of the judgment dated 13
December 2023 as well as the award dated 30 November 2019. In
response to the said allegations, the contemner has placed on
record an affidavit dated 3 September 2025. Along with the said
affidavit, Exhibit “A” has been annexed, which sets out the
computation of back wages payable to the concerned employees
for the period commencing from 13 October 2009 till March 2022.
2. The learned Advocate appearing on behalf of the
respondents submits that upon receipt of notice from the
concerned workers claiming payment in terms of the said
computation, the respondents shall, within a period of two weeks
therefrom, disburse the payable amounts, subject however to
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21-cp331-25 Final.doc
applicable statutory deductions including provident fund and other
permissible deductions in accordance with law. The said statement
is accepted and taken on record.
3. The learned Advocate for the petitioner, on instructions,
states that the concerned workers shall accept the amounts so
disbursed without prejudice to their rights and contentions,
including their right to seek enhancement of the amounts before
an appropriate forum by initiating suitable proceedings in
accordance with law. In view of the statement made on behalf of
respondent No.1, this Court finds that no further adjudication
survives in the present contempt petition.
4. Accordingly, the contempt petition stands disposed of.
(AMIT BORKAR, J.)
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