Bombay High Court on Contempt and Reinstatement of Employee: Repeated Defiance of Tribunal Orders Attracts Penalty.

Headnote:

The Bombay High Court dismissed the writ petition filed by Suman Educational Trust and upheld the order of the Mumbai University and College Tribunal in Contempt Application No. 05 of 2019, which directed reinstatement of the respondent employee with 50% back wages, costs, and a daily penalty for non-compliance.

The Court observed that the petitioners had wilfully disobeyed multiple judicial orders and undertakings by failing to reinstate the employee in the Degree College Section despite clear directions. The plea that the employee was part of the Polytechnic Section was deemed an afterthought and contrary to the record.

The Court directed reinstatement in the Degree College Section with continuity of service and ordered payment of arrears amounting to ₹6.95 lakh within four weeks, failing which interest at 12% per annum would apply. The Court refused to stay the order, citing deliberate disobedience and abuse of judicial process.

Background:

• The respondent was appointed on 04.08.2014 as Workshop Instructor (Welder) in the Degree Section of the petitioner’s Mechanical Engineering Department.

• His services were terminated on 05.05.2018 on allegations of misconduct.

• The respondent appealed before the Mumbai University and College Tribunal, which by order dated 15.03.2019, set aside the termination and directed reinstatement with full back wages and payment of ₹20,000 as costs.

• The petitioners failed to comply, leading to Contempt Application No. 02 of 2019, wherein they gave an undertaking and made partial payment but did not reinstate him.

• The respondent subsequently filed Contempt Application No. 05 of 2019, alleging continued non-compliance.

• On 06.04.2022, the Tribunal again directed reinstatement and ordered 50% back wages for the period between 13.07.2019 and 06.04.2022, ₹10,000 as costs, and a ₹500 per day penalty for delay in compliance.

• The petitioners challenged this order in the present writ petition, contending that the respondent was a Polytechnic Section employee and had refused to perform assigned duties.

Court’s Observations:

• The High Court noted that the Tribunal’s order dated 15.03.2019 had attained finality as it was never challenged by the petitioners; hence, strict compliance was obligatory.

• The petitioners’ assertion that the respondent belonged to the Polytechnic Section was belated and unsubstantiated, contradicted by official records such as salary slips, exam duty orders, and appointment documents, all showing employment in the Degree College Section.

• The Court observed that despite multiple undertakings before the Tribunal and the High Court (in 2022 and 2023), the petitioners had not reinstated the employee in accordance with judicial directions.

• The reinstatement letter dated 02.05.2023, placing the respondent in the Polytechnic Section, was found to be a deliberate attempt to circumvent the Tribunal’s and High Court’s previous orders.

• Justice Milind N. Jadhav held that such conduct amounted to wilful defiance of judicial authority and demonstrated contemptuous disregard for the rule of law.

• The Court therefore upheld the Tribunal’s order in full, directing payment of ₹6,95,750 (including arrears, penalty, and costs) and immediate reinstatement in the Degree College Section with continuity of service and consequential benefits.

• The Court refused to stay the order, observing that repeated non-compliance showed a lack of bona fides and abuse of the judicial process.

Legal Provisions Discussed:

• Article 226, Constitution of India – High Court’s writ jurisdiction.

• Contempt of Courts Act, 1971 – Penal consequences for disobedience of judicial orders and undertakings.

• Principles of Natural Justice – Enforcement of binding judicial and quasi-judicial directions; ensuring compliance and fair reinstatement.

Citation: 2025:BHC-AS:44913

Case: Ajay Dilip Kapoor, President, Suman Educational Trust & Anr. v. Bhagat Mahesh Bhaga & Ors.

Court: High Court of Judicature at Bombay

Coram: Justice Milind N. Jadhav

Date of Decision: 30 July 2025

Writ Petition No.: 11161 of 2022