Contempt of court
Querist :
Anonymous
(Querist) 29 September 2011
This query is : Resolved
If an employer:
(i) punishes his employee for proceeding to High court against them for seeking justice .
(ii) deliberately abuses process of justice, makes false submissions on oath, annexes fabricated/false Documents to their affidavits with malafide intentions to mislead the Hon’ble Courts.
a. will it be treated as civil or criminal contempt of the Courts?
b. What maximum punishment can be awarded to the contemnor?
c. Is the complainant entitled for any compensation ?
Guest
(Expert) 29 September 2011
Punishment of employee by employer on the ground that the employee proceeded High Court for seeking justice cannot merely be the ground for contempt of court, unless the employer refuses to comply with the judgment of the High Court.
In fact, contempt of court arises from a failure of any person or authority to obey a lawful order of a court, showing disrespect for the judge, disruption of the proceedings through poor behaviour, or publication of material deemed likely to jeopardize a fair trial.
So, unless there is a willful disobedience to any judgment, decree, direction, order, writ or other process of a court or willful breach of an undertaking given to a court by your employer in your case, matter of contempt of court would not arise.
You can, of course, proceed against your employer in a court of law, as to get justice from appropriate court of law against the employer is the right of an employee.
Advocate. Arunagiri
(Expert) 29 September 2011
If you can prove the false statements were given in affidavit or in evidence, it is called criminal contempt.
You can file a petition u/s 340 cr.p.c. before the same civil court.
R.Ramachandran
(Expert) 29 September 2011
Dear Anonymous,
You say: (i) an employer punishes his employee for proceeding to High court against them for seeking justice.
Please clarify the following:
1. Does the show cause notice issued to you asks you to show cause as to why disciplinary action should not be taken against you 'for proceeding to High Cour..'?
If not, on what basis do you say that the employer punishes his employee for proceeding to High court against them for seeking justice?
Shonee Kapoor
(Expert) 29 September 2011
The employee has diffirent remedies available for compensation.
Contempt of court is between the court and the accused of contempt of court.
Misleading the court is also contempt.
Lying under Oath is also contempt
Not adhereing to the orders of the court is also contempt.
However, they all attract diffirent provisions of law.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Expert) 29 September 2011
Prima facie, "Contempt of Court" can only possible if any person goes against court orders/ wrong behavior during the court hearing/ using/abusing to officer in-charge/ judicially/ judge or similar act thereto.
as per your above facts there is no such charge can be possible relate to "Contempt of Court",
next u can file Criminal case against the offender as he fabricating/ making false affidavit/ misguide the court by submitting false documents or doing similar fact thereto.
prabhakar singh
(Expert) 29 September 2011
Your sentence"If an employer:
(i) punishes his employee for proceeding to High court against them for seeking justice ." need clarification as sought by Mr.Ramachandran.
"(ii) deliberately abuses process of justice, makes false submissions on oath, annexes fabricated/false Documents to their affidavits with malafide intentions to mislead the Hon’ble Courts.a. will it be treated as civil or criminal contempt of the Courts?"
Answer:No, not at all.
Hence no occasion arises to consider b.&c.
Every party has his own version of his case which to him is always truth and for the other always false,that is the sphere in which courts decide on probabilities of one side preponderates over the other side.If this has to be treated as contempt ,then courts will be left with only contempt and no decision on disputes.
