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TMI Blog2014 (2) TMI 1307X X X X Extracts X X X X X X X X Extracts X X X X ..... various works in the Corporation, including the work of Radio Operators, was prohibited. A Writ Petition bearing No. 15211 of 1991 seeking a direction to the Corporation to treat the contract Radio Operators at par with the regular Marine Assistant Radio Operators was pending before the High Court at that point of time. Subsequently, the union representing 56 number of contract employees engaged as Radio Operators instituted another Writ Petition i.e. W.P. No. 1178 of 1996 seeking the same relief. 4.In Air India Statutory Corporation and Others Vs. United Labour Union and Others (1997) 9 SCC 377) this Court took the view that upon abolition of contract labour the persons engaged on contract basis became the employees of the principal employer and hence entitled to regularization under the principal employer. The said view has been subsequently dissented from, though prospectively, in Steel Authority of India Ltd. & Ors. Vs. National Union Waterfront Workers & Ors. (2001) 7 SCC 1). Following the decision of this Court in Air India Statutory Corporation and Others (supra) the writ petitions were allowed by a learned Single Judge of the Madras High Court by Order dated 29.01.1997. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 2.8.2006 the writ petition was disposed of with the following findings and operative directions: "32. Therefore, considering the entire facts and circumstances of the case in the light of the report of the committee, recommendation made by the Ministry of Petroleum and Natural Gas and the judgment of the Supreme Court in Air India Statutory Corporation case, cited supra, I am of the considered view that the absorption of the petitioners by the respondent corporation as Junior Helpers with the pay of Rs. 2,282/- old basic bottom of Class IV cadre was not fair and proper and certainly not in strict compliance of the undertaking given by the respondent corporation before the Supreme Court. On the other hand, I am of the considered view that the petitioners are entitled to be absorbed as Marine Assistant Radio Operators. 33. In the result, the writ petition is allowed as prayed for. The respondents are directed to absorb the petitioners as Marine Assistant Radio Operators with effect from 8.9.1994 on the basis of the abolition of contract labour and as per the recommendations dated 4-6-1999 of the Ministry of Petroleum and Natural Gas, Government of India, to the first responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 21518 of 2000 as affirmed by order dated 19.12.2006 in Writ Appeal No. 1290 of 2006 and order dated 30.10.2009 passed in Civil Appeal No.765 of 2008, Contempt Petition (C) No. 161 of 2010 was filed before the High Court wherein the impugned direction for creation of supernumerary posts of Marine Assistant Radio Operator was made by the order dated 19.1.2012. The said order has been affirmed by a Division Bench of the High Court by the impugned order dated 11.7.2002. Aggrieved, the present appeal has been filed. 11.At this stage, it may be necessary to take note of two other Contempt Petition Nos. 141 of 2010 and 343 of 2010 which had been instituted in the High Court against the similar order dated 4.4.2007 passed in Writ Petition Nos. 27500 and 27529 of 2006 which order had also been affirmed by this Court in the connected civil appeals i.e. Civil Appeal Nos.766-767 of 2008, as already noticed. Regard must also be had to Contempt Petition (C) No. 130 of 2010 filed before this Court by similarly situated persons in respect of the order dated 30.10.2009 passed in Transfer Petition (C) No. 889 of 2007. 12.Insofar as Contempt Petition (C) Nos. 141 and 343 of 2010 are concerned, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ture of Andhra Pradesh." 13.The question that arises in the present appeal, in the backdrop of the facts noted above, is whether the appellants who are the officers of the Corporation and had complied with the alternative direction contained in the order dated 2.8.2006 passed in Writ Petition (C) No. 21518 of 2000 would still be liable for commission of contempt and the only way in which the appellants can purge themselves of the contempt allegedly committed is by creation of supernumerary posts of Marine Assistant Radio Operators. An answer to the above question centres around the contours of the power of the Court while exercising its contempt jurisdiction. 14.We have heard Shri Goolam E. Vahanvati, learned Attorney General for the appellants and Shri P.P. Rao, learned senior counsel for the respondents. 15.The learned Attorney General has urged that the question of the very necessity of having/continuing the posts of Marine Assistant Radio Operators in the Corporation was a live issue in Writ Petition No. 21518 of 2000 as the Corporation had contended that the work requirement of the Corporation did not justify the continuation of the post in the cadre of Marine Assistant Rad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exchanged between the Corporation and the Ministry of Petroleum and Natural Gas, Government of India, which is available on record, to show that there existed/exists a cadre of Marine Assistant Radio Operator and the strength of the cadre depends on the necessity of the operations of the Corporation. The cadre strength is flexible depending on the job requirement, it is urged. Shri Rao, therefore, has contended that the action taken by the appellants in purported compliance of the Court's Order dated 02.08.2006 would still make them liable for contempt which can be purged only by creation of posts of Marine Assistant Radio Operator, as directed by the High Court. 15.The power vested in the High Courts as well as this Court to punish for contempt is a special and rare power available both under the Constitution as well as the Contempt of Courts Act, 1971. It is a drastic power which, if misdirected, could even curb the liberty of the individual charged with commission of contempt. The very nature of the power casts a sacred duty in the Courts to exercise the same with the greatest of care and caution. This is also necessary as, more often than not, adjudication of a contempt plea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... absorbed as Marine Assistant Radio Operator nothing prevented the High Court from issuing a specific direction to create supernumerary posts of Marine Assistant Radio Operator. The same was not done. If that be so, the direction to create supernumerary posts at the stage of exercise of the contempt jurisdiction has to be understood to be an addition to the initial order passed in the Writ Petition. The argument that such a direction is implicit in the order dated 02.08.2006 is self defeating. Neither, is such a course of action open to balance the equities, i.e. not to foreclose the promotional avenues of the petitioners, as vehemently urged by Shri Rao. The issue is one of jurisdiction and not of justification. Whether the direction issued would be justified by way of review or in exercise of any other jurisdiction is an aspect that does not concern us in the present case. Of relevance is the fact that an alternative direction had been issued by the High Court by its order dated 02.08.2006 and the appellants, as officers of the Corporation, have complied with the same. They cannot be, therefore, understood to have acted in willful disobedience of the said order of the Court. &nbs ..... X X X X Extracts X X X X X X X X Extracts X X X X
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