PRESENT THE HON'BLE MR. N v. ANJARIA, CHIEF JUSTICE AND THE HON'BLE
Case Details
- 1 - NC: 2025:KHC:12839-DB CCC No. 471 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE K. V. ARAVIND CCC NO. 471 OF 2024 (CIVIL) BETWEEN: 1. SRI RAVINDRA H S/O LATE N. HANUMANTHA RAO, AGED ABOUT 69 YEARS R/AT 13, 1ST CROSS, YELLAPPA GARDEN, BANASHANKARI III STAGE, BANAGIRINAGAR, BENGALURU-560085.
Legal Reasoning
2. SRI RAMAIAH SHETTY S/O LATE NARAYANA SHETTY, AGED ABOUT 73 YEARS RESIDING AT No.11, 1ST CROSS, C.V.RAMAN NAGAR, MINUGU LAYOUT, KODIPALYA, KENGERI, BENGALURU-560060. 3. SRI SYED ISMAIL S/O LATE SYED YOSUFF, AGED ABOUT 59 YEARS, RESIDING AT No.1, 1ST CROSS, BERAPPA GARDEN, CHAMUNDINAGAR, RT NAGAR, BENGALURU-560032. 4. SRI C NINGEGOWDA S/O LATE CHIKKEGOWDA, Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - NC: 2025:KHC:12839-DB CCC No. 471 of 2024 AGED ABOUT 81 YEARS RESIDING AT 346, 5TH A MAIN, R.NAGAR, 2ND STAGE, BENGALURU-560055. 5. SRI R MALLIKARJUNA AGED ABOUT 73 YEARS, S/O LATE RAMAIAH, RESIDING AT 193/52, 3RD CROSS, HMT LAYOUT, MATHIKERE, BENGALURU-560097. 6. SRI Y T MASTHAIAH AGED ABOUT 75 YEARS, S/O LATE THIMMAIAH, RESIDING AT 435, 11TH MAIN ROAD, 4TH BLOCK, NANDINI LAYOUT, BENGALURU-560096. 7. SRI M THYAGARAJU AGED ABOUT 73 YEARS, S/O LATE MUNITHIMMAIAH, RESIDING AT NO 21, 6TH CROSS, VASANTHANAGAR, BENGALURU-560052. 8. SRI SUDHAKAR B S/O LATE GUNDU RAO, AGED ABOUT 65 YEARS, RESIDING AT "SUMERU", 45/1, RATHNAVILAS ROAD, BASAVANAGUDI, BENGALURU-560004. (BY SRI SRINIVASA K, ADVOCATE) …COMPLAINANTS - 3 - NC: 2025:KHC:12839-DB CCC No. 471 of 2024 AND: 1. RAJEEV SINGH MANAGING DIRECTOR HINDUSTAN MACHINE TOOLS LTD No. 59 HMT BHAVAN BELLARY ROAD BANGALORE - 560032 2. SRI SUBRAMANI THE GENERAL MANAGER HINDUSTAN MACHINE TOOLS LTD. BANGALORE COMPLEX, JALAHALLI, BANGALORE-560013. …ACCUSED (BY SRI RAYAPPA Y HADAGALI, ADVOCATE) THIS CCC IS FILED UNDER ARTICLES 11 AND 12 OF THE CONTEMPT OF COURT ACT, R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, BY THE COMPLAINANTS, WHEREIN PRAYS THAT THE HON'BLE COURT MAY BE PLEASED TO INITIATE THE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED, SECURE THE APPEARANCE OF THE ACCUSED AND TAKE NECESSARY ACTION AGAINST THE ACCUSED FOR INTENTIONAL AND DELIBERATELY DISOBEYING THE ORDERS PASSED BY THIS HON'BLE COURT IN W.P.NO.50270/2018 DATED 07.06.2023 VIDE ANNEXURE-C TO THIS CONTEMPT PETITION. THIS PETITION, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - NC: 2025:KHC:12839-DB CCC No. 471 of 2024 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) The present contempt petition arose from order dated 07.06.2023 passed by learned Single Judge. While disposing of the writ petition, the grievance of the petitioners was noted which was about the release of arrears/difference of salary in furtherance of 1992 settlement/pay revision by the respondent- company. 2. Learned Single Judge without expressing any opinion on the merits directed respondent Nos.2 and 3 to consider the representations of the petitioners. 3. In consideration of the representations, it is an admitted fact that only aspect remained was with regard to payment of leave encashment. - 5 - NC: 2025:KHC:12839-DB CCC No. 471 of 2024 3.1 In course of the hearing, the court had an occasion to pass the following order on 18.03.2025, "Despite the order passed on 22.01.2025, there is no compliance. The said order reads as under, "Stand over to 27.02.2025 within which time, learned advocate for the respondent-Company shall take instructions as to the time bound schedule within which the respondent-Company shall pay the Earned Leave encashment to the complainants-petitioners as contemplated in the directions of learned Single Judge." In the communication dated 15.09.2023, the entitlement of the the respondents have accepted complainants-petitioners at least in respect of earned leave encashment. The non-compliance and disregard of the orders of the court therefore, appears to be blatant. Respondent No.1-the Managing Director-Mr. Rajeev Singh shall personally remain present on 26.03.2025 at 11.00 a.m. to face the charges of contempt. However, it is clarified that if the compliance is done on or before that day and the amount is paid/the cheque is made ready to be delivered to the petitioner towards the amount of Earned Leave encashment, the personal presence of the Managing Director shall stand exempted." 3.2 Today when the petition came up for consideration, learned advocate for the respondents files the compliance affidavit. He invited attention of the court to the averments made in paragraph 7 of the affidavit. The relevant part is extracted herein below, - 6 - NC: 2025:KHC:12839-DB CCC No. 471 of 2024 ready the payment "...vide order dated 18.03.2025 was pleased to direct the Company to pay the Earned Leave encashment in continuation of the Order dated 22.01.2025. I state that in compliance with the orders dated 22.01.2025 and 18.03.2025 passed by this Hon'ble Court, the accused made towards Earned Leave encashment by way of Demand Drafts for 1) Rs.90,130/- dated 21.03.2025 drawn in favour of Mr. Ravindra, the Complainant No.1; 2) Rs.1,06,954/- dated 21.03.2025, drawn in favour of Mr. Syed Ismail the Complainant No.3; and 3) Rs.1,01,243, dated 21.03.2025, drawn in favour of Complainant No.8. I further stated that the payment of EL encashment was already made remaining Complainant Nos.2, 4 to 7. The statement showing the details of payment made to the Complainants is produced herewith..." the to 3.3 The payment due towards leave encashment to petitioner Nos.1,3 and 8 is now being paid by way of demand drafts for Rs.90,130/- dated 21.03.2025, Rs.1,06,954/- dated 21.03.2025 and Rs.1,01,243/- also of even date drawn in favour of the respective petitioners. It is undisputedly stated that rest of the petitioners have already been paid the amount. The details of which is found at Annexure-A to the compliance affidavit. 4. Learned advocate for the respondents has handed over the demand drafts in favour of petitioner Nos.1,3 and 8 to learned advocate for the petitioners who has accepted the same today, to be handed over to the petitioners concerned. - 7 - NC: 2025:KHC:12839-DB CCC No. 471 of 2024 5. The above conduct on part of the respondents amounts to compliance and substantial compliance of the order of learned Single Judge. The doctrine of substantial compliance will apply. The contempt proceedings are liable to be dropped in view of the compliance as above. 6. At this stage, learned advocate for the petitioners stated that the petitioners have also claimed towards interest on the gratuity amount which was also part of the representations. 6.1 The court is of the view for the said claim of interest, the petitioners may take out if advised, independent proceedings in accordance with law, in respect of which this court, however, does not express any opinion. 7. In view of the above, the contempt proceedings are dropped. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE KPS List No.: 1 Sl No.: 6