MUNICIPAL CORP.OF GREATER MUMBAI Vs. BEST KAMGAR KARMACHARI & ORS.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 386 of 2009, Judgment Date: Feb 03, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO. 386 OF 2009

MUNICIPAL CORP.OF GREATER MUMBAI                                Appellant(s)

                                VERSUS

BEST KAMGAR KARMACHARI & ORS.                                  Respondent(s)

                               J U D G M E N T

KURIAN, J.
1.    The appellant is aggrieved by the order passed by the  High  Court  of
judicature of Bombay in Contempt Petition  Ldg.  No.  41  of  2007  in  Writ
Petition No. 901 of 2007, whereby the contempt petition was dismissed.
2.    The respondents, however, explained their  position  before  the  High
Court tendering also an unconditional apology.  Having regard to the  nature
of the alleged violation of the order by indulging in  illegal  strike,  the
High Court came to the conclusion that it is difficult to render  a  finding
regarding commission of contempt of Court by the respondents.
3.    Now that the strike relates to  the  year  2007  and  thereafter,  the
parties have apparantly purchased  peace  and  since  the  respondents  have
tendered  unconditional  apology  for  their  alleged  contumacious  conduct
before the High Court, we do not think it necessary for this Court  to  make
any further enquiry in that regard.
4.    However, we may hasten to  add  that  the  respondents  are  bound  to
respect and comply with the orders passed by the Courts/Tribunals in  letter
and spirit, failing which, they  should  be  answerable  to  the  charge  of
contempt of court.
5.    Subject to the above observations, this appeal is disposed of with  no
order as to costs.

                                                   .......................J.
                                                           [ KURIAN JOSEPH ]


                                                   .......................J.
                                                   [ ROHINTON FALI NARIMAN ]

      New Delhi;
      February 03, 2016.