Contempt
shrikant
(Querist) 08 July 2015
This query is : Resolved
Respected members
Office has imposed a fine of Rs 50000 on employee in diciplinary action.The employee approached Labour court & labour court passed the interim order to maintain status quo meanwhile Employee retire from the service due to superannuation. As the order of status quo is in force the office only retained (not recovered) the disputed amount ie Rs 50000 till the finalization of ULP The employee filed criminal ULP for contempt.Whether this amounts to contempt,Please reply immediately as the matter is urgent
P. Venu
(Expert) 09 July 2015
From the facts stated, no case of contempt is made out.
Rajendra K Goyal
(Expert) 09 July 2015
Status quo order, terms of employment need to be referred, consult local lawyer.
M V Gupta
(Expert) 09 July 2015
The employer has only withheld the amount subject to the outcome of the case. As such it may not amount to contempt of court order. Better if the employer advises the employee that the withholding is subject to the final outcome of the case.
Satya Mani Tiwari
(Expert) 09 July 2015
Expert has rightly adviced.
1. Terms of employment needs to be referred.
2. As per the complain it does not amount to Contempt of court.
3.In any case which is under contempt a notice is given to the party in your case also a notice will be given then you can take advice of local advocate who deals in civil matters.
Primafacie no contempt case is made out as amount is not recovered but retained till the matter is subjudiced.
shrikant
(Querist) 10 July 2015
Thank you all for valuable legal Advise
ADV-JEEVAN PATIL, MUMBAI
(Expert) 11 July 2015
Amount retained on the direction of labour court to maintain status quo till Case is disposed off.
